[House Report 115-132]
[From the U.S. Government Publishing Office]


115th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {      115-132

======================================================================



 
             COAST GUARD IMPROVEMENT AND REFORM ACT OF 2017

                                _______
                                

  May 18, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1726]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 1726) to amend title 14, United 
States Code, to improve the organization of such title and to 
incorporate certain transfers and modifications into such 
title, and for other purposes, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                                CONTENTS

                                                                   Page
 Purpose of Legislation..........................................     2
 Background and Need for Legislation.............................     2
 Hearings........................................................     2
 Legislative History and Consideration...........................     2
 Committee Votes.................................................     2
 Committee Oversight Findings....................................     2
 New Budget Authority and Tax Expenditures.......................     3
 Congressional Budget Office Cost Estimate.......................     3
 Performance Goals and Objectives................................     4
 Advisory of Earmarks............................................     4
 Duplication of Federal Programs.................................     4
 Disclosure of Directed Rule Makings.............................     4
 Federal Mandate Statement.......................................     4
 Preemption Clarification........................................     4
 Advisory Committee Statement....................................     4
 Applicability of Legislative Branch.............................     5
 Section-by-Section Analysis of Legislation......................     5
 Changes in Existing Law Made by the Bill, as Reported...........    25

                         Purpose of Legislation

    H.R. 1726, the Coast Guard Improvement and Reform Act of 
2017, reorganizes and modernizes portions of title 14, United 
States Code, pertaining to the operation and administration of 
the United States Coast Guard (Coast Guard).

                  Background and Need for Legislation

    Title 14 was codified in 1949 and has not been re-codified 
in the intervening 68 year period. H.R. 1726 better organizes 
title 14 by transferring and renumbering existing provisions, 
co-locating similar authorities, and creating more space in the 
title to accommodate future amendments and additions. Title I 
of the bill reorganizes the title, but makes no substantive 
change to law. Title II amends the title to create uniformity, 
better organize the Coast Guard's authorities, clarify Coast 
Guard authority when operating as a special service in the 
Navy, and repeal an obsolete personnel policy.

                                Hearings

    The bill was not subject to a hearing by the Subcommittee 
on Coast Guard and Maritime Transportation principally because 
the legislation does not make any substantive policy changes to 
the underlying law. Subcommittee staff did develop the bill in 
close consultation with the House Office of the Legislative 
Counsel, the Office of the Law Revision Counsel, and with the 
Office of the Parliamentarian. Subcommittee staff also 
consulted extensively with the Coast Guard Legislative Counsel.

                 Legislative History and Consideration

    On March 27, 2017, H.R. 1726 was introduced by Congressman 
Duncan Hunter (R-CA) and cosponsored by Congressman John 
Garamendi (D-CA).
    On March 29, 2017, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 1726 and 
ordered the bill reported favorably to the House by voice vote 
with a quorum present.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no recorded votes taken in connection 
with consideration of H.R. 1726. A motion to order H.R. 1726 
reported favorably to the House was agreed to by voice vote 
with a quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 1726 from the 
Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 26, 2017.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1726, the Coast 
Guard Improvement and Reform Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                                Keith Hall.
    Enclosure.

H.R. 1726--Coast Guard Improvement and Reform Act of 2017

    H.R. 1726 would reorganize, but not substantively alter, 
provisions of law that govern the authority of the U.S. Coast 
Guard. The bill would clarify the duties and defense-related 
responsibilities of that agency and establish a uniform 
administrative framework for its advisory committees.
    Based on an analysis of information from the Coast Guard, 
CBO estimates that enacting H.R. 1726 would have no significant 
effect on the federal budget. According to the agency, the bill 
would not impose any new requirements or duties; as a result, 
CBO expects that any changes in the agency's annual costs--
which would be subject to appropriation--would be negligible.
    Enacting H.R. 1726 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting H.R. 1726 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    H.R. 1726 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to 
reorganize and modernize title 14 of the United States Code.

                          Advisory of Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. No 
provision in the bill includes an earmark, limited tax benefit, 
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of 
rule XXI.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 1726 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                  Disclosure of Directed Rule Makings

    Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017), 
the Committee finds that enacting H.R. 1726 does not direct the 
completion of a specific rule making within the meaning of 
section 551 of title 5, United States Code.

                       Federal Mandate Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 1726 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No new advisory committees within the meaning of section 
5(b) of the Federal Advisory Committee Act are created by this 
legislation. Title II of the legislation moves existing 
advisory committees from title 46, United States Code, into 
title 14, United States Code, as a unified new chapter.

                  Applicability of Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

               Section-by-Section Analysis of Legislation


Section 1. Short Title; Table of Contents

    (a) Short Title.--``Coast Guard Improvement and Reform Act 
of 2017''.
    (b) Table of Contents.

        TITLE I--REORGANIZATION OF TITLE 14, UNITED STATES CODE

Section 101. Initial Matter

    This section amends title 14 by striking the title 
designation, the title heading, and the table of parts and 
inserting new subtitle designations.

Section 102. Subtitle I

    This section amends Part I of title 14, United States Code, 
by striking the part designation, the part heading, and the 
table of chapters and replacing it with a new subtitle I.

Section 103. Chapter 1

    This section amends Chapter 1 of title 14, United States 
Code, by striking the chapter designation, the chapter heading, 
and the table of sections and replacing it with the following:

                  CHAPTER 1--ESTABLISHMENT AND DUTIES

    Section 101. Establishment of the Coast Guard. (Section 101 
was previously section 1.)
    Section 102. Primary Duties. (Section 102 was previously 
section 2.)
    Section 103. Department in which the Coast Guard operates. 
(Section 103 was previously section 3.)
    Section 104. Removing restrictions. (Section 104 was 
previously section 652.)
    Section 105. Secretary defined. (Section 105 was previously 
section 4.)

Section 104. Chapter 3

    This section amends Chapter 3 of title 14, United States 
Code, by striking the chapter designation, the chapter heading, 
and the table of sections and replacing it with the following:

                CHAPTER 3--COMPOSITION AND ORGANIZATION

    Section 301. Grades and rating. (Section 301 was previously 
section 41.)
    Section 302. Commandant; appointment. (Section 302 was 
previously section 44.)
    Section 303. Retirement of Commandant. (Section 303 was 
previously section 46.)
    Section 304. Vice Commandant; appointment. (Section 304 was 
previously section 47.)
    Section 305. Vice admirals. (Section 305 was previously 
section 50.)
    Section 306. Retirement. (Section 306 was previously 
section 51.)
    Section 307. Vice admirals and admiral, continuity of 
grade. (Section 307 was previously section 52.)
    Section 308. Chief Acquisition Officer. (Section 308 was 
previously section 56.)
    Section 309. Office of the Coast Guard Reserve; Director. 
(Section 309 was previously section 53.)
    Section 310. Chief of Staff to President: appointment. 
(Section 310 was previously section 54.)
    Section 311. Captains of the port. (Section 311 was 
previously subsection (a) of section 634.)
    Section 312. Prevention and response workforces. (Section 
312 was previously section 57.)
    Section 313. Centers of expertise for Coast Guard 
prevention and response. (Section 313 was previously section 
58.)
    Section 314. Marine industry training program. (Section 314 
was previously section 59.)
    Section 315. Training course on workings of Congress. 
(Section 315 was previously section 60.)
    Section 316. National Coast Guard Museum. (Section 316 was 
previously section 98.)
    Section 317. United States Coast Guard Band; composition; 
director. (Section 314 was previously section 336.)
    Section 318. Environmental Compliance and Restoration 
Program. (Section 318 was previously sections 690-693.)

    Section 104 also includes conforming repeals of sections 
634, 690, 691, 692, and 693 which were moved into sections 311 
and 318.

Section 105. Chapter 5

    This section amends Chapter 5 of title 14, United States 
Code, by striking the chapter designation, the chapter heading, 
and the table of sections and replacing it with the following:

                    CHAPTER 5--FUNCTIONS AND POWERS

             SUBCHAPTER I--GENERAL POWERS (NEW SUBCHAPTER)

    Section 501. Secretary; general powers. (Section 501 was 
previously section 92.)
    Section 502. Delegation of powers by the Secretary. 
(Section 502 was previously section 631.)
    Section 503. Regulations. (Section 503 was previously 
section 633)
    Section 504. Commandant; general powers. (Section 504 was 
previously section 93.)
    Section 505. Functions and powers vested in the Commandant. 
(Section 505 was previously section 632.)
    Section 506. Prospective payment of funds necessary to 
provide medical care. (Section 506 was previously section 520.)

    SUBCHAPTER II--LIFE SAVING AND LAW ENFORCEMENT AUTHORITIES (NEW 
                              SUBCHAPTER)

    Section 521. Saving life and property. (Section 521 was 
previously section 88.)
    Section 522. Law enforcement. (Section 522 was previously 
section 89.)
    Section 523. Enforcement authority. (Section 523 was 
previously section 99.)
    Section 524. Enforcement of coastwise trade laws. (Section 
524 was previously section 100.)
    Section 525. Special agents of the Coast Guard 
Investigative Service law enforcement authority. (Section 525 
was previously section 95.)
    Section 526. Stopping vessels; indemnity for firing at or 
into vessel. (Section 526 was previously section 637.)
    Section 527. Safety of naval vessels. (Section 527 was 
previously section 91.)

          SUBCHAPTER III--AIDS TO NAVIGATION (NEW SUBCHAPTER)

    Section 541. Aids to navigation authorized. (Section 541 
was previously section 81.)
    Section 542. Unauthorized aids to maritime navigation; 
penalty. (Section 542 was previously section 83.)
    Section 543. Interference with aids to navigation; penalty. 
(Section 543 was previously section 84.)
    Section 544. Aids to maritime navigation; penalty. (Section 
544 was previously section 85.)
    Section 545. Marking of obstructions. (Section 545 was 
previously section 86.)
    Section 546. Deposit of damage payments. (Section 546 was 
previously section 642.)
    Section 547. Rewards for apprehension of persons 
interfering with aids to navigation. (Section 547 was 
previously section 643.)

             SUBCHAPTER IV--MISCELLANEOUS (NEW SUBCHAPTER)

    Section 561. Icebreaking in polar regions. (Section 561 was 
previously section 87.)
    Section 562. Appeals and waivers. (Section 562 was 
previously section 101.)
    Section 563. Notification of certain determinations. 
(Section 563 was previously section 103.)

Section 106. Chapter 7.

    This section amends Chapter 7 of title 14, United States 
Code, by striking the chapter designation, the chapter heading, 
and the table of sections and replacing it with the following:

 CHAPTER 7--COOPERATION (TITLE AMENDED TO DROP ``WITH OTHER AGENCIES'')

    Section 701. Cooperation with other agencies, States, 
territories, and political subdivisions. (Section 701 was 
previously section 141.)
    Section 702. State Department. (Section 702 was previously 
section 142.)
    Section 703. Treasury Department. (Section 703 was 
previously section 143.)
    Section 704. Department of the Army and Department of the 
Air Force. (Section 704 was previously section 144.)
    Section 705. Navy Department. (Section 705 was previously 
section 145.)
    Section 706. United States Postal Service. (Section 706 was 
previously section 146.)
    Section 707. Department of Commerce. (Section 707 was 
previously section 147.)
    Section 708. Department of Health and Human Services. 
(Section 708 was previously section 147(a).)
    Section 709. Maritime instruction. (Section 709 was 
previously section 148.)
    Section 710. Assistance to foreign governments and maritime 
authorities. (Section 710 was previously section 149.)
    Section 711. Coast Guard officers as attaches to missions. 
(Section 711 was previously section 150.)
    Section 712. Contracts with Government-owned establishments 
for work and material. (Section 712 was previously section 
151.)
    Section 713. Nonappropriated fund instrumentalities: 
contracts with other agencies and instrumentalities to provide 
or obtain goods and services. (Section 713 was previously 
section 152.)
    Section 714. Appointment of judges. (Section 714 was 
previously section 153.)
    Section 715. Arctic maritime domain awareness. (Section 715 
was previously section 154.)
    Section 716. Oceanographic research. (Section 716 was 
previously section 94.)
    Section 717. Arctic maritime transportation. (Section 717 
was previously section 90.)
    Section 718. Agreements. (Section 718 was previously 
section 102.)

Section 107. Chapter 9

    This section amends Chapter 9 of title 14, United States 
Code, by striking the chapter designation, the chapter heading, 
and the table of sections and replacing it with the following:

           CHAPTER 9--ADMINISTRATION (PREVIOUSLY CHAPTER 17)

       SUBCHAPTER I--REAL AND PERSONAL PROPERTY (NEW SUBCHAPTER)

    Section 901. Disposal of certain material. (Section 901 was 
previously section 641.)
    Section 902. Employment of draftsmen and engineers. 
(Section 902 was previously section 653.)
    Section 903. Use of certain appropriated funds. (Section 
903 was previously section 656.)
    Section 904. Local hire. (Section 904 was previously 
section 666.)
    Section 905. Procurement authority for family housing. 
(Section 905 was previously section 670.)
    Section 906. Air Station Cape Cod improvements. (Section 
906 was previously section 671.)
    Section 907. Long-term lease of special purpose facilities. 
(Section 907 was previously section 672.)
    Section 908. Long-term lease authority for lighthouse 
property. (Section 908 was previously section 672a.)
    Section 909. Small boat station rescue capability. (Section 
909 was previously section 674.)
    Section 910. Small boat station closures. (Section 910 was 
previously section 675.)
    Section 911. Search and rescue center standards. (Section 
911 was previously section 676.)
    Section 912. Air facility closures. (Section 912 was 
previously section 676a.)
    Section 913. Turnkey selection procedures. (Section 913 was 
previously section 677.)
    Section 914. Disposition of infrastructure related to E-
LORAN. (Section 914 was previously section 681 of chapter 17.)

             SUBCHAPTER II--MISCELLANEOUS (NEW SUBCHAPTER)

    Section 931. Oath required for boards. (Section 931 was 
previously section 635.)
    Section 932. Administration of oaths. (Section 932 was 
previously section 636.)
    Section 933. Coast Guard ensigns and pennants. (Section 933 
was previously section 638.)
    Section 934. Penalty for unauthorized use of words ``Coast 
Guard''. (Section 934 was previously section 639.)
    Section 935. Coast Guard band recordings for commercial 
sale. (Section 935 was previously section 640.)
    Section 936. Confidentiality of medical quality assurance 
records; qualified immunity for participants. (Section 936 was 
previously section 645.)
    Section 937. Admiralty claims against the United States. 
(Section 937 was previously section 646.)
    Section 938. Claims for damage to property of the United 
States. (Section 938 was previously section 647.)
    Section 939. Accounting for industrial work. (Section 939 
was previously section 648.)
    Section 940. Supplies and equipment from stock. (Section 
940 was previously section 649.)
    Section 941. Coast Guard Supply Fund. (Section 941 was 
previously section 650.)
    Section 942. Public and commercial vessels and other 
watercraft; sale of fuel, supplies, and services. (Section 942 
was previously section 654.)
    Section 943. Arms and ammunition; immunity from taxation. 
(Section 943 was previously section 655.)
    Section 944. Confidential investigative expenses. (Section 
944 was previously section 658.)
    Section 945. Assistance to film producers. (Section 945 was 
previously section 659.)
    Section 946. User fees. (Section 946 was previously section 
664.)
    Section 947. Vessel construction bonding requirements. 
(Section 947 was previously section 667.)
    Section 948. Contracts for medical care for retirees, 
dependents, and survivors: alternative delivery of health care. 
(Section 948 was previously section 668.)
    Section 949. Telephone installation and charges. (Section 
949 was previously section 669.)
    Section 950. Designation, powers, and accountability of 
deputy disbursing officials. (Section 950 was previously 
section 673.)
    Section 951. Aircraft accident investigations. (Section 951 
was previously section 678.)

Section 108. Chapter 11

    This section amends Chapter 11 of title 14, United States 
Code, by striking the chapter designation, the chapter heading, 
and the table of sections and replacing it with the following:

            CHAPTER 11--ACQUISITIONS (PREVIOUSLY CHAPTER 15)

                    SUBCHAPTER I--GENERAL PROVISIONS

    Section 1101. Acquisition directorate. (Section 1101 was 
previously section 561.)
    Section 1102. Improvements in Coast Guard acquisition 
management. (Section 1102 was previously section 562.)
    Section 1103. Role of Vice Commandant in major acquisition 
programs. (Section 1103 was section 578.)
    Section 1104. Recognition of Coast Guard personnel for 
excellence in acquisition. (Section 1104 was previously section 
563.)
    Section 1105. Prohibition on use of lead systems 
integrators. (Section 1105 was previously section 564.)
    Section 1106. Required contract terms. (Section 1106 was 
previously section 565.)
    Section 1107. Extension of major acquisition program 
contracts. (Section 1107 was previously section 579.)
    Section 1108. Department of Defense consultation. (Section 
1108 was previously section 566.)
    Section 1109. Undefinitized contractual actions. (Section 
1109 was previously section 567.)
    Section 1110. Guidance on excessive pass-through charges. 
(Section 1110 was previously section 568.)
    Section 1111. Mission need statement. (Section 1111 was 
previously section 569.)

       SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES

    Section 1131. Identification of major system acquisitions. 
(Section 1131 was previously section 571.)
    Section 1132. Acquisition. (Section 1132 was previously 
section 572.)
    Section 1133. Preliminary development and demonstration. 
(Section 1133 was previously section 573.)
    Section 1134. Acquisition, production, deployment, and 
support. (Section 1134 was previously section 574.)
    Section 1135. Acquisition program baseline breach. (Section 
1135 was previously section 575.)
    Section 1136. Acquisition approval authority. (Section 1136 
was previously section 576.)

              SUBCHAPTER III--PROCUREMENT (NEW SUBCHAPTER)

    Section 1151. Restriction on construction of vessels in 
foreign shipyards. (Section 1151 was previously section 665.)
    Section 1152. Advance procurement funding. (Section 1152 
was previously section 577.)
    Section 1153. Prohibition on overhaul, repair, and 
maintenance of Coast Guard vessels in foreign shipyards. 
(Section 1153 was previously section 96.)
    Section 1154. Procurement of buoy chain. (Section 1154 was 
previously section 97.)

         SUBCHAPTER IV--DEFINITIONS (PREVIOUSLY SUBCHAPTER III)

    Section 1171. Definitions. (Section 1171 was previously 
section 581.)

Section 109. Subtitle II.

    This section further amends title 14, United States Code, 
by adding after chapter 11 a Subtitle II and a table of 
contents.
    This section reserves Chapters 13, 14, 15, 17, and 18 in 
Subtitle II.

Section 110. Chapter 19.

    This section amends Chapter 19 of title 14, United States 
Code, by striking the chapter designation, the chapter heading, 
and the table of sections at the beginning and inserting the 
following:

                         SUBTITLE II--PERSONNEL

         CHAPTER 19--COAST GUARD ACADEMY (PREVIOUSLY CHAPTER 9)

             SUBCHAPTER I--ADMINISTRATION (NEW SUBCHAPTER)

    Section 1901. Administration of Academy. (Section 1901 was 
previously section 181.)
    Section 1902. Policy on sexual harassment and sexual 
violence. (Section 1902 was previously section 200.)
    Section 1903. Annual Board of Visitors. (Section 1903 was 
previously section 194.)
    Section 1904. Participation in Federal, State, or other 
educational research grants. (Section 1904 was previously 
section 196.)

                 SUBCHAPTER II--CADETS (NEW SUBCHAPTER)

    Section 1921. Corps of Cadets Authorized Strength. (Section 
1921 was previously part of section 182(a).)
    Section 1922. Appointments. (Section 1922 was previously 
part of section 182(a).)
    Section 1923. Admission of foreign nationals for 
instruction; restrictions; conditions. (Section 1923 was 
previously section 195.)
    Section 1924. Conduct. (Section 1924 was previously part of 
section 182(a).)
    Section 1925. Agreement. (Section 1925 was previously part 
of section 182(b) through (g).)
    Section 1926. Cadet applicants; preappointment travel to 
Academy. (Section 1926 was previously section 181a.)
    Section 1927. Cadets; initial clothing allowance. (Section 
1927 was previously section 183.)
    Section 1928. Cadets; degree of bachelor of science. 
(Section 1928 was previously section 184.)
    Section 1929. Cadets; appointment as ensign. (Section 1929 
was previously section 185.)
    Section 1930. Cadets; charges and fees for attendance; 
limitations. (Section 1930 was previously section 197.)

                SUBCHAPTER III--FACULTY (NEW SUBCHAPTER)

    Section 1941. Civilian teaching staff. (Section 1941 was 
previously section 186.)
    Section 1942. Permanent commissioned teaching staff; 
composition. (Section 1942 was previously section 187.)
    Section 1943. Appointment of permanent commissioned 
teaching staff. (Section 1943 was previously section 188.)
    Section 1944. Grade of permanent commissioned teaching 
staff. (Section 1944 was previously section 189.)
    Section 1945. Retirement of permanent commissioned teaching 
staff. (Section 1945 was previously section 190.)
    Section 1946. Credit for service as member of civilian 
teaching staff. (Section 1946 was previously section 191.)
    Section 1947. Assignment of personnel as instructors. 
(Section 1947 was previously section 192.)
    Section 1948. Marine safety curriculum. (Section 1948 was 
previously section 199.)

    Section 110 also includes a conforming repeal of section 
182.

Section 111. Part II.

    This section amends Part II provisions by striking the part 
designation, the part heading, and the table of chapters.

Section 112. Chapter 21.

    This section amends Chapter 21 of title 14, United States 
Code, by striking the chapter designation, the chapter heading, 
and the table of sections and replacing it with the following:

             CHAPTER 21--PERSONNEL; OFFICERS (NEW CHAPTER)

        SUBCHAPTER I--APPOINTMENT AND PROMOTION (NEW SUBCHAPTER)

    Section 2101. Original appointment of permanent 
commissioned officers. (Section 2101 was previously section 
211.)
    Section 2102. Active duty promotion list. (Section 2102 was 
previously section 41a.)
    Section 2103. Number and distribution of commissioned 
officers on active duty promotion list. (Section 2103 was 
previously section 42.)
    Section 2104. Appointment of temporary officers. (Section 
2104 was previously section 214.)
    Section 2105. Rank of warrant officers. (Section 2105 was 
previously section 215.)
    Section 2106. Selection boards; convening of boards. 
(Section 2106 was previously section 251.)
    Section 2107. Selection boards; composition of boards. 
(Section 2107 was previously section 252.)
    Section 2108. Selection boards; notice of convening; 
communication with board. (Section 2108 was previously section 
253.)
    Section 2109. Selection boards; oath of members. (Section 
2109 was previously section 254.)
    Section 2110. Number of officers to be selected for 
promotion. (Section 2110 was previously section 255.)
    Section 2111. Promotion zones. (Section 2111 was previously 
section 256.)
    Section 2112. Promotion year; defined. (Section 2112 was 
previously section 256a.)
    Section 2113. Eligibility of officers for consideration for 
promotion. (Section 2113 was previously section 257.)
    Section 2114. Deputy United States Marshals in Alaska. 
(Section 2114 was previously subsection (b) of section 634.)
    Section 2115. Selection boards; information to be furnished 
boards. (Section 2115 was previously section 258.)
    Section 2116. Officers to be recommended for promotion. 
(Section 2116 was previously section 259.)
    Section 2117. Selection boards; reports. (Section 2117 was 
previously section 260.)
    Section 2118. Selection boards; submission of reports. 
(Section 2118 was previously section 261.)
    Section 2119. Failure of selection for promotion. (Section 
2119 was previously section 262.)
    Section 2120. Special selection boards; correction of 
errors. (Section 2120 was previously section 263.)
    Section 2121. Promotions; appointments. (Section 2121 was 
previously section 271.)
    Section 2122. Removal of officer from list of selectees for 
promotion. (Section 2122 was previously section 272.)
    Section 2123. Promotions; acceptance; oath of office. 
(Section 2123 was previously section 273.)
    Section 2124. Promotions; pay and allowances. (Section 2124 
was previously section 274.)
    Section 2125. Wartime temporary service promotions. 
(Section 2125 was previously section 275.)
    Section 2126. Promotion of officers not included on active 
duty promotion list. (Section 2126 was previously section 276.)
    Section 2127. Recall to active duty during war or national 
emergency. (Section 2127 was previously section 331.)
    Section 2128. Recall to active duty with consent of offer. 
(Section 2128 was previously section 332.)
    Section 2129. Aviation cadets; appointment as Reserve 
officers. (Section 2129 was previously section 373.)

  SUBCHAPTER II--DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS; 
                 SEPARATION FOR CAUSE (NEW SUBCHAPTER)

    Section 2141. Revocation of commissions during first five 
years of commissioned service. (Section 2141 was previously 
section 281.)
    Section 2142. Regular lieutenants (junior grade); 
separation for failure of selection for promotion. (Section 
2142 was previously section 282.)
    Section 2143. Regular lieutenants; separation for failure 
of selection for promotion; continuation. (Section 2143 was 
previously section 283.)
    Section 2144. Regular Coast Guard; officers serving under 
temporary appointments. (Section 2144 was previously section 
284.)
    Section 2145. Regular lieutenant commanders and commanders; 
retirement for failure of selection for promotion. (Section 
2145 was previously section 285.)
    Section 2146. Discharge in lieu of retirement; separation 
pay. (Section 2146 was previously section 286.)
    Section 2147. Regular warrant officers; separation pay. 
(Section 2147 was previously section 286a.)
    Section 2148. Separation for failure of selection for 
promotion or continuation; time of. (Section 2148 was 
previously section 287.)
    Section 2149. Regular captains; retirement. (Section 2149 
was previously section 288.)
    Section 2150. Captains; continuation on active duty; 
involuntary retirement. (Section 2150 was previously section 
289.)
    Section 2151. Rear admirals and rear admirals (lower half); 
continuation on active duty; involuntary retirement. (Section 
2151 was previously section 290.)
    Section 2152. Voluntary retirement after twenty years' 
service. (Section 2152 was previous section 291.)
    Section 2153. Voluntary retirement after thirty years' 
service. (Section 2153 was previously section 292.)
    Section 2154. Compulsory retirement. (Section 2154 was 
previously section 293.)
    Section 2155. Retirement for physical disability after 
selection for promotion; grade in which retired. (Section 2155 
was previously section 294.)
    Section 2156. Deferment of retirement or separation for 
medical reasons. (Section 2156 was previously section 295.)
    Section 2157. Flag officers. (Section 2157 was previously 
section 296.)
    Section 2158. Review of records of officers. (Section 2158 
was previously section 321.)
    Section 2159. Boards of inquiry. (Section 2159 was 
previously section 322.)
    Section 2160. Boards of review. (Section 2160 was 
previously section 323.)
    Section 2161. Composition of boards. (Section 2161 was 
previously section 324.)
    Section 2162. Rights and procedures. (Section 2162 was 
previously section 325.)
    Section 2163. Removal of officer from active duty; action 
by Secretary. (Section 2163 was previously section 326.)
    Section 2164. Officers considered for removal; retirement 
or discharge; separation benefits. (Section 2164 was previously 
section 327.)
    Section 2165. Relief of retired officer promoted while on 
active duty. (Section 2165 was previously section 333.)

          SUBCHAPTER III--GENERAL PROVISIONS (NEW SUBCHAPTER)

    Section 2181. Physical fitness of officers. (Section 2181 
was previously section 335.)
    Section 2182. Multirater assessment of certain personnel. 
(Section 2182 was previously section 429.)

Section 113. Chapter 23

    This section amends Chapter 23 of title 14, United States 
Code, by striking the chapter designation, the chapter heading, 
and the table of sections and replacing it with the following:

            CHAPTER 23--PERSONNEL; ENLISTED (NEW SUBCHAPTER)

    Section 2301. Recruiting Campaigns. (Section 2301 was 
previously section 350.)
    Section 2302. Enlistments; term, grade. (Section 2302 was 
previously section 351.)
    Section 2303. Promotion. (Section 2303 was previously 
section 352.)
    Section 2304. Compulsory retirement at age of sixty-two. 
(Section 2304 was previously section 353.)
    Section 2305. Voluntary retirement after thirty years' 
service. (Section 2305 was previously section 354.)
    Section 2306. Voluntary retirement after twenty years' 
service. (Section 2306 was previously section 355.)
    Section 2307. Retirement of enlisted members: increase in 
retired pay. (Section 2307 was previously section 357.)
    Section 2308. Recall to active duty during war or national 
emergency. (Section 2308 was previously section 359.)
    Section 2309. Recall to active duty with consent of member. 
(Section 2309 was previously section 360.)
    Section 2310. Relief of retired enlisted member promoted 
while on active duty. (Section 2310 was previously section 
361.)
    Section 2311. Retirement in cases where higher grade or 
rating has been held. (Section 2311 was previously section 
362.)
    Section 2312. Extension of enlistments. (Section 2312 was 
previously section 365.)
    Section 2313. Retention beyond term of enlistment in case 
of disability. (Section 2313 was previously section 366.)
    Section 2314. Detention beyond term of enlistment. (Section 
2314 was previously section 367.)
    Section 2315. Inclusion of certain conditions in enlistment 
contract. (Section 2315 was previously section 369.)
    Section 2316. Discharge within three months before 
expiration of enlistment. (Section 2316 was previously section 
370.)
    Section 2317. Aviation cadets; procurement; transfer. 
(Section 2317 was previously section 371.)
    Section 2318. Aviation cadets; benefits. (Section 2318 was 
previously section 372.)
    Section 2319. Critical skill training bonus. (Section 2319 
was previously section 374.)

Section 114. Chapter 25

    This section amends Chapter 25 of title 14, United States 
Code, by striking the chapter designation, the chapter heading, 
and the table of sections and replacing it with the following:

        CHAPTER 25--PERSONNEL; GENERAL PROVISIONS (NEW CHAPTER)

           SUBCHAPTER I--GENERAL PROVISIONS (NEW SUBCHAPTER)

    Section 2501. Grade on retirement. (Section 2501 was 
previously section 334.)
    Section 2502. Retirement. (Section 2502 was previously 
section 421.)
    Section 2503. Status of recalled personnel. (Section 2503 
was previously section 422.)
    Section 2504. Computation of retired pay. (Section 2504 was 
previously section 423.)
    Section 2505. Limitations on retirement and retired pay. 
(Section 2505 was previously section 424.)
    Section 2506. Suspension of payment of retired pay of 
members who are absent from the United States to avoid 
prosecution. (Section 2506 was previously section 424a.)
    Section 2507. Board for Correction of Military Records 
deadline. (Section 2507 was previously 425.)
    Section 2508. Emergency leave retention authority. (Section 
2508 was previously section 426.)
    Section 2509. Prohibition of certain involuntary 
administrative separations. (Section 2509 was previously 
section 427.)
    Section 2510. Sea service letters. (Section 2510 was 
previously section 428.)
    Section 2511. Investigations of flag officers and Senior 
Executive Service employees. (Section 2511 was previously 
section 430.)
    Section 2512. Leave policies for the Coast Guard. (Section 
2512 was previously section 431.)
    Section 2513.Computation of length of service. (Section 
2513 was previously section 467.)

                   SUBCHAPTER II--LIGHTHOUSE SERVICE

    Section 2531. Personnel of former Lighthouse Service. 
(Section 2531 was previously section 432.)

Section 115. Part III

    This section amends Part III of title 14, United States 
Code, by striking the part designation, the part heading, and 
the table of chapters.

Section 116. Chapter 27

    This section amends Chapter 27 of title 14, United States 
Code, by striking the chapter designation, the chapter heading, 
and the table of sections and replacing it with the following:

CHAPTER 27--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS (WAS 
                         PREVIOUSLY CHAPTER 13)

      SUBCHAPTER I--PERSONNEL RIGHTS AND BENEFITS (NEW SUBCHAPTER)

    Section 2701. Procurement of personnel. (Section 2701 was 
previously section 468.)
    Section 2702. Training. (Section 2702 was previously 
section 469.)
    Section 2703. Contingent expenses. (Section 2703 was 
previously section 476.)
    Section 2704. Equipment to prevent accidents. (Section 2704 
was previously section 477.)
    Section 2705. Clothing at the time of discharge for good 
service. (Section 2705 was previously section 482.)
    Section 2706. Right to wear uniform. (Section 2706 was 
previously section 483.)
    Section 2707. Protection of uniform. (Section 2707 was 
previously section 484.)
    Section 2708. Clothing for officers and enlisted personnel. 
(Section 2708 was previously section 485.)
    Section 2709. Procurement and sale of stores to members and 
civilian employees. (Section 2709 was previously section 487.)
    Section 2710. Disposition of effects of decedents. (Section 
2710 was previously section 507.)
    Section 2711. Deserters; payment of expenses incident to 
apprehension and delivery; penalties. (Section 2711 was 
previously section 508.)
    Section 2712. Payment for the apprehension of stragglers. 
(Section 2712 was previously section 644.)

                 SUBCHAPTER II--AWARDS (NEW SUBCHAPTER)

    Section 2731. Delegation of powers to make awards; rules 
and regulations. (Section 2731 was previously section 499.)
    Section 2732. Medal of honor. (Section 2732 was previously 
section 491.)
    Section 2733. Medal of honor: duplicate medal. (Section 
2733 was previously section 504.)
    Section 2734. Medal of honor: presentation of Medal of 
Honor Flag. (Section 2734 was previously section 505.)
    Section 2735. Coast Guard cross. (Section 2735 was 
previously section 491a.)
    Section 2736. Distinguished service medal. (Section 2736 
was previously section 492.)
    Section 2737. Silver star medal. (Section 2737 was 
previously section 492a.)
    Section 2738. Distinguished flying cross. (Section 2738 was 
previously section 492b.)
    Section 2739. Coast Guard medal. (Section 2739 was 
previously section 493.)
    Section 2740. Insignia for additional awards. (Section 2740 
was previously section 494.)
    Section 2741. Time limit on award; report concerning deed. 
(Section 2741 was previously section 496.)
    Section 2742. Honorable subsequent service as condition to 
award. (Section 2742 was previously section 497.)
    Section 2743. Posthumous awards. (Section 2743 was 
previously section 498.)
    Section 2744. Life-saving medals. (Section 2744 was 
previously section 500.)
    Section 2745. Replacement of medals. (Section 2745 was 
previously section 501.)
    Section 2746. Award of other medals. (Section 2746 was 
previously section 502.)
    Section 2747. Awards and insignia for excellence in service 
or conduct. (Section 2747 was previously section 503.)
    Section 2748. Presentation of United States flag upon 
retirement. (Section 2748 was previously section 516.)

               SUBCHAPTER III--PAYMENTS (NEW SUBCHAPTER)

    Section 2761. Persons discharged as result of court-
martial; allowances to. (Section 2761 was section 509.)
    Section 2762. Shore patrol duty; payment of expenses. 
(Section 2762 was previously section 510.)
    Section 2763. Compensatory absence from duty for military 
personnel at isolated duty stations. (Section 2763 was 
previously section 511.)
    Section 2764. Monetary allowance for transportation of 
household effects. (Section 2764 was previously section 512.)
    Section 2765. Retroactive payment of pay and allowances 
delayed by and administrative error or oversight. (Section 2765 
was previously section 513.)
    Section 2766. Travel card management. (Section 2766 was 
previously section 517.)
    Section 2767. Reimbursement for medical-related travel 
expenses for certain persons residing on islands in the 
continental United States. (Section 2767 was previously section 
518.)
    Section 2768. Annual audit of pay and allowances of members 
undergoing permanent change of station. (Section 2768 was 
previously section 519.)
    Section 2769. Remission of indebtedness. (Section 2769 was 
previously section 461.)
    Section 2770. Special instruction at universities. (Section 
2770 was previously section 470.)
    Section 2771. Attendance at professional meetings. (Section 
2771 was previously section 471.)
    Section 2772. Education loan repayment program. (Section 
2772 was previously section 472.)
    Section 2773. Rations or commutation therefor in money. 
(Section 2773 was previously 478.)
    Section 2774. Sales of ration supplies to messes. (Section 
2774 was previously section 479.)
    Section 2775. Flight rations. (Section 2775 was previously 
section 480.)
    Section 2776. Payments at time of discharge for good 
service. (Section 2776 was previously section 481.)
    Section 2777. Clothing for destitute shipwrecked persons. 
(Section 2777 was previously section 486.)
    Section 2778. Advancement of public funds to personnel. 
(Section 2778 was previously section 488.)
    Section 2779. Transportation to and from certain places of 
employment. (Section 2779 was previously section 660.)

Section 117. Chapter 29

    This section amends Chapter 29 of title 14, United States 
Code, by striking the chapter designation, the chapter heading, 
and the table of sections and replacing it with the following:

    CHAPTER 29--COAST GUARD FAMILY SUPPORT, CHILDCARE, AND HOUSING 
                         (FORMERLY CHAPTER 14)

                   SUBCHAPTER I--COAST GUARD FAMILIES

    Section 2901. Work-life policies and programs. (Section 
2901 was previously section 531.)
    Section 2902. Surveys of Coast Guard families. (Section 
2902 was previously section 532.)
    Section 2903. Reimbursement for adoption expenses. (Section 
2903 was previously section 541.)
    Section 2904. Education and training opportunities for 
Coast Guard spouses. (Section 2904 was previously section 542.)
    Section 2905. Youth sponsorship initiatives. (Section 2905 
was previously section 543.)
    Section 2906. Dependent school children. (Section 2906 was 
previously section 544.)

                 SUBCHAPTER II--COAST GUARD CHILD CARE

    Section 2921. Definitions. (Section 2921 was previously 
section 551.)
    Section 2922. Child development services. (Section 2922 was 
previously section 552.)
    Section 2923. Child development center standards and 
inspections. (Section 2923 was previously section 553.)
    Section 2924. Child development center employees. (Section 
2924 was previously section 554.)
    Section 2925. Parent partnerships with child development 
centers. (Section 2925 was previously section 555.)

     SUBCHAPTER III--HOUSING (FORMERLY CHAPTER 18, NEW SUBCHAPTER)

    Section 2941. Definitions. (Section 2941 was previously 
section 680 of chapter 18.)
    Section 2942. General authority. (Section 2942 was 
previously section 681 of chapter 18.)
    Section 2943. Leasing and hiring of quarters; rental of 
inadequate housing. (Section 2943 was previously section 475.)
    Section 2944. Retired service members and dependents 
serving on advisory committees. (Section 2944 was previously 
section 680 of chapter 17.)
    Section 29435. Conveyance of real property. (Section 2945 
was previously section 685.)
    Section 2946. Coast Guard Housing Fund. (Section 2946 was 
previously section 687.)
    Section 2947. Reports. (Section 2947 was previously section 
688.)

Section 118. Subtitle III and Chapter 37

    This section further amends title 14, United States Code, 
by adding after Chapter 29, as amended by this title, the 
following:

  SUBTITLE III--COAST GUARD RESERVE AND AUXILIARY (PREVIOUSLY PART II)

        CHAPTER 37--COAST GUARD RESERVE (PREVIOUSLY CHAPTER 21)

                      SUBCHAPTER I--ADMINISTRATION

    Section 3701. Organization. (Section 3701 was previously 
section 701.)
    Section 3702. Authorized strength. (Section 3702 was 
previously section 702.)
    Section 3703. Coast Guard Reserve Boards. (Section 3703 was 
previously section 703.)
    Section 3704. Grades and ratings; military authority. 
(Section 3704 was previously section 704.)
    Section 3705. Benefits. (Section 3705 was previously 
section 705.)
    Section 3706. Temporary members of the Reserve; eligibility 
and compensation. (Section 3706 was previously section 706.)
    Section 3707. Temporary members of the Reserve; disability 
or death benefits. (Section 3707 was previously section 707.)
    Section 3708. Temporary members of the Reserve; certificate 
of honorable service. (Section 3708 was previously section 
708.)
    Section 3709. Reserve student aviation pilots; Reserve 
aviation pilots; appointments in commissioned grade. (Section 
3709 was previously section 709.)
    Section 3710. Reserve student pre-commissioning assistance 
program. (Section 3710 was previously section 709a.)
    Section 3711. Appointment or wartime promotion; retention 
of grade upon release from active duty. (Section 3711 was 
previously section 710.)
    Section 3712. Exclusiveness of service. (Section 3712 was 
previously section 711.)
    Section 3713. Active duty for emergency augmentation of 
regular forces. (Section 3713 was previously section 712.)
    Section 3714. Enlistment of members engaged in schooling. 
(Section 3714 was previously section 713.)

                        SUBCHAPTER II--PERSONNEL

    Section 3731. Definitions. (Section 3731 was previously 
section 720.)
    Section 3732. Applicability of this subchapter. (Section 
3732 was previously section 721.)
    Section 3733. Suspension of this subchapter in time of war 
or national emergency. (Section 3733 was previously section 
722.)
    Section 3734. Effect of this subchapter on retirement and 
retired pay. (Section 3734 was previously section 723.)
    Section 3735. Authorized number of officers. (Section 3735 
was previously section 724.)
    Section 3736. Precedence. (Section 3736 was previously 
section 725.)
    Section 3737. Running mates. (Section 3737 was previously 
section 726.)
    Section 3738. Constructive credit upon initial appointment. 
(Section 3738 was previously section 727.)
    Section 3739. Promotion of Reserve officers on active duty. 
(Section 3739 was previously section 728.)
    Section 3740. Promotion; recommendations of selection 
boards. (Section 3740 was previously section 729.)
    Section 3741. Selection boards; appointment. (Section 3741 
was previously section 730.)
    Section 3742. Establishment of promotion zones under 
running mate system. (Section 3742 was previously section 731.)
    Section 3743. Eligibility for promotion. (Section 3743 was 
previously section 732.)
    Section 3744. Recommendation for promotion of an officer 
previously removed from an active status. (Section 3744 was 
previously section 733.)
    Section 3745. Qualifications for promotion. (Section 3745 
was previously section 734.)
    Section 3746. Promotion; acceptance; oath of office. 
(Section 3746 was previously section 735.)
    Section 3747. Date of rank upon promotion; entitlement to 
pay. (Section 3747 was previously section 736.)
    Section 3748. Type of promotion; temporary. (Section 3748 
was previously section 737.)
    Section 3749. Effect of removal by the President or failure 
of consent of the Senate. (Section 3749 was previously section 
738.)
    Section 3750. Failure of selection for promotion. (Section 
3750 was previously section 739.)
    Section 3751. Failure of selection and removal from active 
status. (Section 3751 was previously 740.)
    Section 3752. Retention boards; removal from an active 
status to provide a flow of promotion. (Section 3752 was 
previously section 741.)
    Section 3753. Maximum ages for retention in an active 
status. (Section 3753 was previously section 742.)
    Section 3754. Rear admiral and rear admiral (lower half); 
maximum service in grade. (Section 3754 was previously section 
743.)
    Section 3755. Appointment of a former Navy or Coast Guard 
officer. (Section 3755 was previously section 744.)
    Section 3756. Grade on entry upon active duty. (Section 
3756 was previously section 745.)
    Section 3757. Recall of a retired officer; grade upon 
release. (Section 3757 was previously section 746.)

Section 119. Chapter 39

    This section further amends title 14, United States Code, 
by adding after Chapter 37, as amended by this title, the 
following:

       CHAPTER 39--COAST GUARD AUXILIARY (PREVIOUSLY CHAPTER 23)

    Section 3901. Administration of the Coast Guard Auxiliary. 
(Section 3901 was previously section 821.)
    Section 3902. Purpose of the Coast Guard Auxiliary. 
(Section 3902 was previously section 822.)
    Section 3903. Eligibility; enrollments. (Section 3903 was 
previously section 823.)
    Section 3904. Members of the Auxiliary; status. (Section 
3904 was previously section 823a.)
    Section 3905. Disenrollment. (Section 3905 was previously 
section 824.)
    Section 3906. Membership in other organizations. (Section 
3906 was previously section 825.)
    Section 3907. Use of member's facilities. (Section 3907 was 
previously section 826.)
    Section 3908. Vessel deemed public vessel. (Section 3908 
was previously section 827.)
    Section 3909. Aircraft deemed public aircraft. (Section 
3909 was previously section 828.)
    Section 3910. Radio station deemed government station. 
(Section 3910 was previously section 829.)
    Section 3911. Availability of appropriations. (Section 3911 
was previously section 830.)
    Section 3912. Assignment and performance of duties. 
(Section 3912 was previously section 831.)
    Section 3913. Injury or death in line of duty. (Section 
3913 was previously section 832.)

Section 120. Chapter 41

    This section further amends title 14, United States Code, 
by adding after Chapter 39, as added by this title, the 
following:

 CHAPTER 41--GENERAL PROVISIONS FOR COAST GUARD RESERVE AND AUXILIARY 
                        (PREVIOUSLY CHAPTER 25)

    Section 4101. Flags; pennants; uniforms and insignia. 
(Section 4101 was previously section 891.)
    Section 4102. Penalty. (Section 4102 was previously section 
892.)
    Section 4103. Limitation on rights of members of the 
Auxiliary and temporary members of the Reserve. (Section 4103 
was previously section 893.)
    Section 4104. Availability of facilities and 
appropriations. (Section 4104 was previously section 894.)

Section 121. Subtitle IV and Chapter 49

    This section further amends title 14, United States Code, 
by adding after Chapter 41, as added by this title, the 
following:

    SUBTITLE IV--COAST GUARD AUTHORIZATION AND REPORTS TO CONGRESS 
                         (PREVIOUSLY PART III)

            CHAPTER 49--AUTHORIZATIONS (PREVIOUSLY CHAPTER 27)

    Section 4901. Requirement for prior authorization of 
appropriations. (Section 4901 was previously section 2701.)
    Section 4902. Authorization of appropriations. (Section 
4902 was previously section 2702.)
    Section 4903. Authorization of personnel end strengths. 
(Section 4903 was previously section 2703.)
    Section 4904. Authorized levels of military strength and 
training. (Section 4904 was previously section 2704.)

Section 122. Chapter 51

    This section further amends title 14, United States Code, 
by adding after Chapter 49, as added by this title, the 
following:

              CHAPTER 51--REPORTS (PREVIOUSLY CHAPTER 29)

    Section 5101. Transmission of annual Coast Guard 
authorization request. (Section 3501 was previously section 
2901.)
    Section 5102. Capital investment plan. (Section 5102 was 
previously section 2902.)
    Section 5103. Major acquisitions. (Section 5103 was 
previously section 2903.)
    Section 5104. Manpower requirements plan. (Section 5104 was 
previously section 2904.)
    Section 5105. Inventory of real property. (Section 5105 was 
previously section 679.)

Section 123. References

    Subsection (a) of this section provides definitions of 
``redesignated section'' which are created in this title and a 
``source section'' which is a section in effect prior to any 
redesignation.
    Subsection (b) of this section states that any reference to 
a source section, including a reference in a regulation, order, 
or other law is deemed to refer to the corresponding 
redesignated section. It also states that each reference to a 
source section is amended by striking that reference and 
replacing it with redesignated sections provided in this title.
    Subsection (c) of this section lists the conforming 
amendments made for section references in redesignated chapters 
and sections.

Section 124. Rule of Construction

    This section explains that this title, including any 
amendments, is intended to reorganize title 14, United States 
Code. It should not be construed as altering: the effect of 
provisions in title 14, United States Code, or any authorities 
or requirements in such title; a department or agency 
interpretation with respect to such title; or, any judicial 
interpretation with respect to such title.

                 TITLE II--TRANSFERS AND MODIFICATIONS

Section 201. Amendments to title 14, United States Code, as amended by 
        title I of this Act

    This section states that except as otherwise expressly 
provided, whenever in this title, an amendment or repeal is 
expressed in terms of an amendment or, a repeal of, a section 
or other provision of title 14, United States Code, the 
reference shall be considered to be made to title 14, United 
States Code, as amended by title I of this Act.

Section 202. Primary Duties

    This section amends section 102(7) of title 14, United 
States Code, to rewrite paragraph (7) to clarify the Coast 
Guard's state of everyday readiness as an Armed Service, and 
its readiness in times of war as part of the Navy.

Section 203. Regattas and Marine Parades

    This section amends Chapter 5 of title 14 to include a new 
section 564 dealing with regattas and marine parades. The text 
is transferred from the original statute passed in 1908 that 
was included in title 33, Navigation. The text is being moved 
to co-locate it with the Commandant's other authorities to 
regulate vessel traffic.
    This section also repeals the Act of April 28, 1908.

Section 204. Regulation of Vessels in Territorial Waters of United 
        States

    This section adds a new section 584 to chapter 5 of title 
14, United States Code. The text is transferred from title 50, 
War and National Defense. The provisions govern the anchorage 
and movement of vessels, including the seizure and forfeiture 
of such vessels during national emergencies. The text is being 
moved to co-locate the provisions with the Commandant's other 
authorities to regulate vessel traffic.

Section 205. National Maritime Transportation Advisory Committees

    This section amends title 14, United States Code, to insert 
a new chapter 13 to establish and outline the functions and 
membership of the following Coast Guard national advisory 
committees: the National Chemical Transportation Safety 
Advisory Committee; the National Commercial Fishing Safety 
Advisory Committee; the National Merchant Marine Personnel 
Advisory Committee; the National Merchant Mariner Medical 
Advisory Committee; the National Boating Safety Advisory 
Committee; the National Offshore Safety Advisory Committee; the 
National Navigation Safety Advisory Committee; and the National 
Towing Safety Advisory Committee.
    The advisory committee text is transferred from title 46, 
except for two advisory committees--the National Chemical 
Transportation Safety Advisory Committee and the National 
Offshore Safety Advisory Committee which were established by 
the Coast Guard under the Federal Advisory Committee Act. In 
addition, the membership of the National Merchant Mariner 
Medical Advisory Committee remains the same at 14, but the 
member makeup is changed. Members representing healthcare 
professionals on the committee are reduced from 10 to 9 and 
members representing professional mariners are increased from 4 
to 5.
    The new chapter 13 includes an administration section which 
will make the actions of each advisory committee uniform. 
Advisory committees will be required to meet at least once a 
year at the call of the Commandant or a majority of the 
committee. A member of a committee is not considered an 
employee of the federal government by reason of committee 
service. It outlines how advisory committee members may be 
compensated for performing duties of the committee, but does 
not require such compensation. Committees are allowed to accept 
volunteer services. Members appointed by the Secretary may 
represent a point of view of the entity or group that they are 
appointed to represent. Members representing the general public 
will be deemed a special government employee. Nomination 
solicitations will be posted in the Federal Register and 
appointments made by the Secretary after considering the 
nominations. Term lengths will be three years and members can 
serve two terms. Members who serve as chairmen may serve 3 
terms. Reappointments do not need to go through the Federal 
Register nomination process, but a vacancy must go through the 
original appointment process. The Commandant shall provide any 
staff services needed for a committee to conduct its meetings. 
Committees can elect their chairman and vice chairman as well 
as create any needed subcommittees or working groups. The 
Commandant is required to consult with and consider the 
information, advice and recommendations of the advisory 
committees before taking any significant action. Each committee 
will terminate on September 20, 2027. The committees are 
required to submit their advice, reports, and recommendations 
to the House Committee on Transportation and Infrastructure and 
the Senate Committee on Commerce, Science, and Transportation. 
Any federal agency with matters under that agency's 
jurisdiction related to the function of a committee established 
under this chapter is allowed to designate a representative to 
attend committee meetings and participate as an observer.
    Due to the movement of the committees from title 46, the 
section makes a conforming amendment to repeal the prior 
authorities for the Commercial Fishing Safety Advisory 
Committee (46 U.S.C. 4508), the Merchant Mariner Medical 
Advisory Committee (46 U.S.C. 7115), the National Boating 
Safety Advisory Committee (46 U.S.C. 13110), the Navigation 
Safety Advisory Committee (33 U.S.C. 2073), the Towing Safety 
Advisory Committee (33 U.S.C. 1231a), the Commercial Fishing 
Safety Advisory Committee (46 U.S.C. 4508), and the Merchant 
Mariner Medical Advisory Committee (46 U.S.C. 7115).
    This section states that any charter for an advisory 
committee in force on the day before the date of enactment of 
this section shall remain in force or in effect for a period of 
not more than two years from the date of enactment of this 
section. The enactment of this section shall not be the basis 
to deem, find, or declare such charter void, not in force, or 
not in effect or to suspend the activities of any advisory 
committee until the charter is amended. An advisory committee 
or any appointment of a member to an advisory committee that 
was valid before the day of enactment of this section shall 
remain authorized for not more than two years after the date of 
enactment of the section.

Section 206. Clothing at Time of Discharge for Good of Service

    This section repeals section 2705 of title 14, United 
States Code (previously section 482 of title 14). The authority 
which allows enlisted members, discharged from the Service for 
bad conduct, undesirability, unsuitability, or inaptitude, to 
be furnished with civilian clothing, including an overcoat when 
necessary, is no longer used by the Commandant of the Coast 
Guard.

         Changes in Existing Law Made by The Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 14, UNITED STATES CODE


                         TITLE 14--COAST GUARD

[Part                                                               Sec.
      Regular Coast Guard..............................................1
      Coast Guard Reserve and Auxiliary..............................701
      Coast Guard Authorizations and Reports to Congress...........2701]
Subtit..............................................................Sec.
       Establishment, Powers, Duties, and Administration.............101
       Personnel....................................................1901
      Coast Guard Reserve and Auxiliary.............................3701
       Coast Guard Authorizations and Reports to Congress...........4901

                     [PART I--REGULAR COAST GUARD]

     SUBTITLE I--ESTABLISHMENT, POWERS, DUTIES, AND ADMINISTRATION

Chap.                                                               Sec.
      Establishment and Duties.........................................1
      Composition and Organization....................................41
      Functions and Powers............................................81
      Cooperation With Other Agencies................................141
      Coast Guard Academy............................................181
      Personnel......................................................211
      Pay, Allowances, Awards, and Other Rights and Benefits.........461
      Coast Guard Family Support and Child Care......................531
      Acquisitions...................................................561
      Administration.................................................631
      Coast Guard Housing Authorities................................680
      Environmental Compliance and Restoration Program..............690]
      Establishment and Duties.......................................101
      Composition and Organization...................................301
      Functions and Powers...........................................501
      Cooperation....................................................701
      Administration.................................................901
      Acquisitions..................................................1101
      National Maritime Transportation Advisory Committees..........1301

                  CHAPTER 1--ESTABLISHMENT AND DUTIES

Sec.
[1. Establishment of Coast Guard.
[2. Primary duties.
[3. Department in which the Coast Guard operates.
[4. Secretary defined.]
101. Establishment of Coast Guard.
102. Primary duties.
103. Department in which the Coast Guard operates.
104. Removing restrictions.
105. Secretary defined.

Sec. [1]  101. Establishment of Coast Guard

  The Coast Guard, established January 28, 1915, shall be a 
military service and a branch of the armed forces of the United 
States at all times.

Sec. [2]  102. Primary duties

  The Coast Guard shall--
          (1) enforce or assist in the enforcement of all 
        applicable Federal laws on, under, and over the high 
        seas and waters subject to the jurisdiction of the 
        United States;
          (2) engage in maritime air surveillance or 
        interdiction to enforce or assist in the enforcement of 
        the laws of the United States;
          (3) administer laws and promulgate and enforce 
        regulations for the promotion of safety of life and 
        property on and under the high seas and waters subject 
        to the jurisdiction of the United States, covering all 
        matters not specifically delegated by law to some other 
        executive department;
          (4) develop, establish, maintain, and operate, with 
        due regard to the requirements of national defense, 
        aids to maritime navigation, icebreaking facilities, 
        and rescue facilities for the promotion of safety on, 
        under, and over the high seas and waters subject to the 
        jurisdiction of the United States;
          (5) pursuant to international agreements, develop, 
        establish, maintain, and operate icebreaking facilities 
        on, under, and over waters other than the high seas and 
        waters subject to the jurisdiction of the United 
        States;
          (6) engage in oceanographic research of the high seas 
        and in waters subject to the jurisdiction of the United 
        States; and
          [(7) maintain a state of readiness to function as a 
        specialized service in the Navy in time of war, 
        including the fulfillment of Maritime Defense Zone 
        command responsibilities.]
          (7) maintain a state of readiness to assist in the 
        defense of the United States, including when 
        functioning as a specialized service in the Navy 
        pursuant to section 103.

Sec. [3]  103. Department in which the Coast Guard operates

  (a) In General.--The Coast Guard shall be a service in the 
Department of Homeland Security, except when operating as a 
service in the Navy.
  (b) Transfers.--Upon the declaration of war if Congress so 
directs in the declaration or when the President directs, the 
Coast Guard shall operate as a service in the Navy, and shall 
so continue until the President, by Executive order, transfers 
the Coast Guard back to the Department of Homeland Security. 
While operating as a service in the Navy, the Coast Guard shall 
be subject to the orders of the Secretary of the Navy, who may 
order changes in Coast Guard operations to render them uniform, 
to the extent such Secretary deems advisable, with Navy 
operations.
  (c) Operation as a Service in the Navy.--Whenever the Coast 
Guard operates as a service in the Navy--
          (1) applicable appropriations of the Navy Department 
        shall be available for the expense of the Coast Guard;
          (2) applicable appropriations of the Coast Guard 
        shall be available for transfer to the Navy Department;
          (3) precedence between commissioned officers of 
        corresponding grades in the Coast Guard and the Navy 
        shall be determined by the date of rank stated by their 
        commissions in those grades;
          (4) personnel of the Coast Guard shall be eligible to 
        receive gratuities, medals, and other insignia of honor 
        on the same basis as personnel in the naval service or 
        serving in any capacity with the Navy; and
          (5) the Secretary may place on furlough any officer 
        of the Coast Guard and officers on furlough shall 
        receive one half of the pay to which they would be 
        entitled if on leave of absence, but officers of the 
        Coast Guard Reserve shall not be so placed on furlough.

Sec. [652]  104. Removing restrictions

  Any law removing for the duration of a war or national 
emergency proclaimed by the President any restriction contained 
in any then-existing law as applied to the Navy, including, but 
not limited to, restrictions relating to the manner in which 
purchases may be made and contracts awarded, fiscal operations, 
and personnel, shall, in the same manner and to the same 
extent, remove such restrictions as applied to the Coast Guard.

Sec. [4]  105. Secretary defined

  In this title, the term ``Secretary'' means the Secretary of 
the respective department in which the Coast Guard is 
operating.

                CHAPTER 3--COMPOSITION AND ORGANIZATION

Sec.
[41. Grades and ratings.
[41a. Active duty promotion list.
[42. Number and distribution of commissioned officers on active duty 
          promotion list.]

[44. Commandant; appointment.]

[46. Retirement of Commandant.
[47. Vice Commandant; appointment.]

[50. Vice admirals.]

[51. Retirement.
[52. Vice admirals and admiral, continuity of grade.
[53. Office of the Coast Guard Reserve; Director.
[54. Chief of Staff to President: appointment.]

[56. Chief Acquisition Officer.
[57. Prevention and response workforces.
[58. Centers of expertise for Coast Guard prevention and response.
[59. Marine industry training programs.
[60. Training course on workings of Congress.]
301. Grades and ratings.
302. Commandant; appointment.
303. Retirement of Commandant.
304. Vice Commandant; appointment.
305. Vice admirals.
306. Retirement.
307. Vice admirals and admiral, continuity of grade.
308. Chief Acquisition Officer.
309. Office of the Coast Guard Reserve; Director.
310. Chief of Staff to President: appointment.
311. Captains of the port.
312. Prevention and response workforces.
313. Centers of expertise for Coast Guard prevention and response.
314. Marine industry training program.
315. Training course on workings of Congress.
316. National Coast Guard Museum.
317. United States Coast Guard Band; composition; director.
318. Environmental Compliance and Restoration Program.

Sec. [41]  301. Grades and ratings

  In the Coast Guard there shall be admirals (two); vice 
admirals; rear admirals; rear admirals (lower half); captains; 
commanders; lieutenant commanders; lieutenants; lieutenants 
(junior grade); ensigns; chief warrant officers; cadets; 
warrant officers; and enlisted members. Enlisted members shall 
be distributed in ratings established by the Secretary.

Sec. [44]  302. Commandant; appointment

  The President may appoint, by and with the advice and consent 
of the Senate, one Commandant for a period of four years, who 
may be reappointed for further periods of four years, who shall 
act as Chief of the Coast Guard. The term of an appointment, 
and any reappointment, shall begin on June 1 of the appropriate 
year and end on May 31 of the appropriate year, except that, in 
the event of death, retirement, resignation, or reassignment, 
or when the needs of the Service demand, the Secretary may 
alter the date on which a term begins or ends if the alteration 
does not result in the term exceeding a period of 4 years. The 
Commandant shall be appointed from the officers on the active 
duty promotion list serving above the grade of captain who have 
completed at least ten years of active service as a 
commissioned officer in the Coast Guard. The Commandant while 
so serving shall have the grade of admiral.

Sec. [46]  303. Retirement of Commandant

  (a) A Commandant who is not reappointed shall be retired with 
the grade of admiral at the expiration of the appointed term, 
except as provided in section 51(d) of this title.
  (b) A Commandant who is retired for physical disability shall 
be placed on the retired list with the grade of admiral.
  (c) An officer who is retired prior to the expiration of his 
term, while serving as Commandant, may, in the discretion of 
the President, be retired with the grade of admiral.

Sec. [47]  304. Vice Commandant; appointment

  The President may appoint, by and with the advice and consent 
of the Senate, one Vice Commandant who shall rank next after 
the Commandant, shall perform such duties as the Commandant may 
prescribe and shall act as Commandant during the absence or 
disability of the Commandant or in the event that there is a 
vacancy in the office of Commandant. The Vice Commandant shall 
be selected from the officers on the active duty promotion list 
serving above the grade of captain. The Commandant shall make 
recommendation for such appointment. The Vice Commandant shall, 
while so serving, have the grade of admiral with pay and 
allowances of that grade. The appointment and grade of a Vice 
Commandant shall be effective on the date the officer assumes 
that duty, and shall terminate on the date the officer is 
detached from that duty, except as provided in section 51(d) of 
this title.

Sec. [50]  305. Vice admirals

  (a)(1) The President may--
                  (A) designate, within the Coast Guard, no 
                more than five positions of importance and 
                responsibility that shall be held by officers 
                who, while so serving--
                          (i) shall have the grade of vice 
                        admiral, with the pay and allowances of 
                        that grade; and
                          (ii) shall perform such duties as the 
                        Commandant may prescribe, except that 
                        if the President designates five such 
                        positions, one position shall be the 
                        Chief of Staff of the Coast Guard; and
                  (B) designate, within the executive branch, 
                other than within the Coast Guard or the 
                National Oceanic and Atmospheric 
                Administration, positions of importance and 
                responsibility that shall be held by officers 
                who, while so serving, shall have the grade of 
                vice admiral, with the pay and allowances of 
                that grade.
          (2) The President may appoint, by and with the advice 
        and consent of the Senate, and reappoint, by and with 
        the advice and consent of the Senate, to any such 
        position an officer of the Coast Guard who is serving 
        on active duty above the grade of captain. The 
        Commandant shall make recommendations for such 
        appointments.
          (3)(A) Except as provided in subparagraph (B), one of 
        the vice admirals designated under paragraph (1)(A) 
        must have at least 10 years experience in vessel 
        inspection, marine casualty investigations, mariner 
        licensing, or an equivalent technical expertise in the 
        design and construction of commercial vessels, with at 
        least 4 years of leadership experience at a staff or 
        unit carrying out marine safety functions and shall 
        serve as the principal advisor to the Commandant on 
        these issues.
                  (B) The requirements of subparagraph (A) do 
                not apply to such vice admiral if the 
                subordinate officer serving in the grade of 
                rear admiral with responsibilities for marine 
                safety, security, and stewardship possesses 
                that experience.
  (b)(1) The appointment and the grade of vice admiral shall be 
effective on the date the officer assumes that duty and, except 
as provided in paragraph (2) of this subsection or in section 
51(d) of this title, shall terminate on the date the officer is 
detached from that duty.
          (2) An officer who is appointed to a position 
        designated under subsection (a) shall continue to hold 
        the grade of vice admiral--
                  (A) while under orders transferring the 
                officer to another position designated under 
                subsection (a), beginning on the date the 
                officer is detached from that duty and 
                terminating on the date before the day the 
                officer assumes the subsequent duty, but not 
                for more than 60 days;
                  (B) while hospitalized, beginning on the day 
                of the hospitalization and ending on the day 
                the officer is discharged from the hospital, 
                but not for more than 180 days;
                  (C) at the discretion of the Secretary, while 
                awaiting orders after being relieved from the 
                position, beginning on the day the officer is 
                relieved from the position, but not for more 
                than 60 days; and
                  (D) while awaiting retirement, beginning on 
                the date the officer is detached from duty and 
                ending on the day before the officer's 
                retirement, but not for more than 60 days.
  (c)(1) An appointment of an officer under subsection (a) does 
not vacate the permanent grade held by the officer.
          (2) An officer serving in a grade above rear admiral 
        who holds the permanent grade of rear admiral (lower 
        half) shall be considered for promotion to the 
        permanent grade of rear admiral as if the officer was 
        serving in the officer's permanent grade.
  (d) Whenever a vacancy occurs in a position designated under 
subsection (a), the Commandant shall inform the President of 
the qualifications needed by an officer serving in that 
position or office to carry out effectively the duties and 
responsibilities of that position or office.

Sec. [51]  306. Retirement

  (a) An officer, other than the Commandant, who, while serving 
in the grade of admiral or vice admiral, is retired for 
physical disability shall be placed on the retired list with 
the highest grade in which that officer served.
  (b) An officer, other than the Commandant, who is retired 
while serving in the grade of admiral or vice admiral, or who, 
after serving at least 21/2 years in the grade of admiral or 
vice admiral, is retired while serving in a lower grade, may in 
the discretion of the President, be retired with the highest 
grade in which that officer served.
  (c) An officer, other than the Commandant, who, after serving 
less than 21/2 years in the grade of admiral or vice admiral, 
is retired while serving in a lower grade, shall be retired in 
his permanent grade.
  (d) An officer serving in the grade of admiral or vice 
admiral shall continue to hold that grade--
          (1) while being processed for physical disability 
        retirement, beginning on the day of the processing and 
        ending on the day that officer is retired, but not for 
        more than 180 days; and
          (2) while awaiting retirement, beginning on the day 
        that officer is relieved from the position of 
        Commandant, Vice Commandant, or Vice Admiral and ending 
        on the day before the officer's retirement, but not for 
        more than 60 days.

Sec. [52]  307. Vice admirals and admiral, continuity of grade

  The continuity of an officer's precedence on the active duty 
promotion list, date of rank, grade, pay, and allowances as a 
vice admiral or admiral shall not be interrupted by the 
termination of an appointment for the purpose of reappointment 
to another position as a vice admiral or admiral.

Sec. [56]  308. Chief Acquisition Officer

  (a) In General.--There shall be in the Coast Guard a Chief 
Acquisition Officer selected by the Commandant who shall be a 
Rear Admiral or civilian from the Senior Executive Service 
(career reserved) and who meets the qualifications set forth 
under subsection (b). The Chief Acquisition Officer shall serve 
at the Assistant Commandant level and have acquisition 
management as that individual's primary duty.
  (b) Qualifications.--
          (1) The Chief Acquisition Officer and any flag 
        officer serving in the Acquisition Directorate shall be 
        an acquisition professional with a Level III 
        acquisition management certification and must have at 
        least 10 years experience in an acquisition position, 
        of which at least 4 years were spent as--
                  (A) the program executive officer;
                  (B) the program manager of a Level 1 or Level 
                2 acquisition project or program;
                  (C) the deputy program manager of a Level 1 
                or Level 2 acquisition;
                  (D) the project manager of a Level 1 or Level 
                2 acquisition; or
                  (E) any other acquisition position of 
                significant responsibility in which the primary 
                duties are supervisory or management duties.
          (2) The Commandant shall periodically publish a list 
        of the positions designated under paragraph (1).
          (3) In this subsection each of the terms ``Level 1 
        acquisition'' and ``Level 2 acquisition'' has the 
        meaning that term has in chapter [15] 11 of this title.
  (c) Functions of the Chief Acquisition Officer.--The 
functions of the Chief Acquisition Officer include--
          (1) monitoring the performance of acquisition 
        projects and programs on the basis of applicable 
        performance measurements and advising the Commandant, 
        through the chain of command, regarding the appropriate 
        business strategy to achieve the missions of the Coast 
        Guard;
          (2) maximizing the use of full and open competition 
        at the prime contract and subcontract levels in the 
        acquisition of property, capabilities, assets, and 
        services by the Coast Guard by establishing policies, 
        procedures, and practices that ensure that the Coast 
        Guard receives a sufficient number of sealed bids or 
        competitive proposals from responsible sources to 
        fulfill the Government's requirements, including 
        performance and delivery schedules, at the lowest cost 
        or best value considering the nature of the property, 
        capability, asset, or service procured;
          (3) making acquisition decisions in concurrence with 
        the technical authority, or technical authorities, of 
        the Coast Guard, as designated by the Commandant, 
        consistent with all other applicable laws and decisions 
        establishing procedures within the Coast Guard;
          (4) ensuring the use of detailed performance 
        specifications in instances in which performance-based 
        contracting is used;
          (5) managing the direction of acquisition policy for 
        the Coast Guard, including implementation of the unique 
        acquisition policies, regulations, and standards of the 
        Coast Guard;
          (6) developing and maintaining an acquisition career 
        management program in the Coast Guard to ensure that 
        there is an adequate acquisition workforce;
          (7) assessing the requirements established for Coast 
        Guard personnel regarding knowledge and skill in 
        acquisition resources and management and the adequacy 
        of such requirements for facilitating the achievement 
        of the performance goals established for acquisition 
        management;
          (8) developing strategies and specific plans for 
        hiring, training, and professional development;
          (9) reporting to the Commandant, through the chain of 
        command, on the progress made in improving acquisition 
        management capability; and
          (10)(A) keeping the Commandant informed of the 
        progress of major acquisition programs (as that term is 
        defined in section 581);
                  (B) informing the Commandant on a continuing 
                basis of any developments on such programs that 
                may require new or revisited trade-offs among 
                cost, schedule, technical feasibility, and 
                performance, including--
                          (i) significant cost growth or 
                        schedule slippage; and
                          (ii) requirements creep (as that term 
                        is defined in section 2547(c)(1) of 
                        title 10); and
                  (C) ensuring that the views of the Commandant 
                regarding such programs on cost, schedule, 
                technical feasibility, and performance trade-
                offs are strongly considered by program 
                managers and program executive officers in all 
                phases of the acquisition process.

Sec. [53]  309. Office of the Coast Guard Reserve; Director

  (a) Establishment of Office; Director.--There is in the 
executive part of the Coast Guard an Office of the Coast Guard 
Reserve. The head of the Office is the Director of the Coast 
Guard Reserve. The Director of the Coast Guard Reserve is the 
principal adviser to the Commandant on Coast Guard Reserve 
matters and may have such additional functions as the 
Commandant may direct.
  (b) Appointment.--The President, by and with the advice and 
consent of the Senate, shall appoint the Director of the Coast 
Guard Reserve, from officers of the Coast Guard who--
          (1) have had at least 10 years of commissioned 
        service;
          (2) are in a grade above captain; and
          (3) have been recommended by the Secretary of 
        Homeland Security.
  (c) Term.--(1) The Director of the Coast Guard Reserve holds 
office for a term determined by the President, normally two 
years, but not more than four years. An officer may be removed 
from the position of Director for cause at any time.
          (2) The Director of the Coast Guard Reserve, while so 
        serving, holds a grade above Captain, without vacating 
        the officer's permanent grade.
  (d) Budget.--The Director of the Coast Guard Reserve is the 
official within the executive part of the Coast Guard who, 
subject to the authority, direction, and control of the 
Secretary of Homeland Security and the Commandant, is 
responsible for preparation, justification, and execution of 
the personnel, operation and maintenance, and construction 
budgets for the Coast Guard Reserve. As such, the Director of 
the Coast Guard Reserve is the director and functional manager 
of appropriations made for the Coast Guard Reserve in those 
areas.
  (e) Annual Report.--The Director of the Coast Guard Reserve 
shall submit to the Secretary of Homeland Security and the 
Secretary of Defense an annual report on the state of the Coast 
Guard Reserve and the ability of the Coast Guard Reserve to 
meet its missions. The report shall be prepared in conjunction 
with the Commandant and may be submitted in classified and 
unclassified versions.

Sec. [54]  310. Chief of Staff to President: appointment

  The President, by and with the advice and consent of the 
Senate, may appoint a flag officer of the Coast Guard as the 
Chief of Staff to the President.

Sec. 311. Captains of the port

  Any officer, including any petty officer, may be designated 
by the Commandant as captain of the port or ports or adjacent 
high seas or waters over which the United States has 
jurisdiction, as the Commandant deems necessary to facilitate 
execution of Coast Guard duties.

Sec. [57]  312. Prevention and response workforces

  (a) Career Paths.--The Secretary, acting through the 
Commandant, shall ensure that appropriate career paths for 
civilian and military Coast Guard personnel who wish to pursue 
career paths in prevention or response positions are identified 
in terms of the education, training, experience, and 
assignments necessary for career progression of civilians and 
members of the Armed Forces to the most senior prevention or 
response positions, as appropriate. The Secretary shall make 
available published information on such career paths.
  (b) Qualifications for Certain Assignments.--An officer, 
member, or civilian employee of the Coast Guard assigned as a--
          (1) marine inspector shall have the training, 
        experience, and qualifications equivalent to that 
        required for a similar position at a classification 
        society recognized by the Secretary under section 3316 
        of title 46 for the type of vessel, system, or 
        equipment that is inspected;
          (2) marine casualty investigator shall have the 
        training, experience, and qualifications in 
        investigation, marine casualty reconstruction, evidence 
        collection and preservation, human factors, and 
        documentation using best investigation practices by 
        Federal and non-Federal entities;
          (3) marine safety engineer shall have knowledge, 
        skill, and practical experience in--
                  (A) the construction and operation of 
                commercial vessels;
                  (B) judging the character, strength, 
                stability, and safety qualities of such vessels 
                and their equipment; or
                  (C) the qualifications and training of vessel 
                personnel;
          (4) waterways operations manager shall have 
        knowledge, skill, and practical experience with respect 
        to marine transportation system management; or
          (5) port and facility safety and security specialist 
        shall have knowledge, skill, and practical experience 
        with respect to the safety, security, and environmental 
        protection responsibilities associated with maritime 
        ports and facilities.
  (c) Apprenticeship Requirement To Qualify for Certain 
Careers.--The Commandant may require an officer, member, or 
employee of the Coast Guard in training for a specialized 
prevention or response career path to serve an apprenticeship 
under the guidance of a qualified individual. However, an 
individual in training to become a marine inspector, marine 
casualty investigator, marine safety engineer, waterways 
operations manager, or port and facility safety and security 
specialist shall serve a minimum of one-year as an apprentice 
unless the Commandant authorizes a shorter period for certain 
qualifications.
  (d) Management Information System.--The Secretary, acting 
through the Commandant, shall establish a management 
information system for the prevention and response workforces 
that shall provide, at a minimum, the following standardized 
information on persons serving in those workforces:
          (1) Qualifications, assignment history, and tenure in 
        assignments.
          (2) Promotion rates for military and civilian 
        personnel.
  (e) Sector Chief of Prevention.--There shall be in each Coast 
Guard sector a Chief of Prevention who shall be at least a 
Lieutenant Commander or civilian employee within the grade GS-
13 of the General Schedule, and who shall be a--
          (1) marine inspector, qualified to inspect vessels, 
        vessel systems, and equipment commonly found in the 
        sector; and
          (2) qualified marine casualty investigator, marine 
        safety engineer, waterways operations manager, or port 
        and facility safety and security specialist.
  (f) Signatories of Letter of Qualification for Certain 
Prevention Personnel.--Each individual signing a letter of 
qualification for marine safety personnel must hold a letter of 
qualification for the type being certified.
  (g) Sector Chief of Response.--There shall be in each Coast 
Guard sector a Chief of Response who shall be at least a 
Lieutenant Commander or civilian employee within the grade GS-
13 of the General Schedule in each Coast Guard sector.

Sec. [58]  313. Centers of expertise for Coast Guard prevention and 
                    response

  (a) Establishment.--The Commandant of the Coast Guard may 
establish and operate one or more centers of expertise for 
prevention and response missions of the Coast Guard (in this 
section referred to as a ``center'').
  (b) Missions.--Any center established under subsection (a) 
shall--
          (1) promote, facilitate, and conduct--
                  (A) education;
                  (B) training; and
                  (C) activities authorized under section 
                93(a)(4);
          (2) be a repository of information on operations, 
        practices, and resources related to the mission for 
        which the center was established; and
          (3) perform and support the mission for which the 
        center was established.
  (c) Joint Operation With Educational Institution 
Authorized.--The Commandant may enter into an agreement with an 
appropriate official of an institution of higher education to--
          (1) provide for joint operation of a center; and
          (2) provide necessary administrative services for a 
        center, including administration and allocation of 
        funds.
  (d) Acceptance of Donations.--
          (1) Except as provided in paragraph (2), the 
        Commandant may accept, on behalf of a center, donations 
        to be used to defray the costs of the center or to 
        enhance the operation of the center. Those donations 
        may be accepted from any State or local government, any 
        foreign government, any foundation or other charitable 
        organization (including any that is organized or 
        operates under the laws of a foreign country), or any 
        individual.
          (2) The Commandant may not accept a donation under 
        paragraph (1) if the acceptance of the donation would 
        compromise or appear to compromise--
                  (A) the ability of the Coast Guard or the 
                department in which the Coast Guard is 
                operating, any employee of the Coast Guard or 
                the department, or any member of the Armed 
                Forces to carry out any responsibility or duty 
                in a fair and objective manner; or
                  (B) the integrity of any program of the Coast 
                Guard, the department in which the Coast Guard 
                is operating, or of any person involved in such 
                a program.
          (3) The Commandant shall prescribe written guidance 
        setting forth the criteria to be used in determining 
        whether or not the acceptance of a donation from a 
        foreign source would have a result described in 
        paragraph (2).

Sec. [59]  314. Marine industry training program

  The Commandant shall, by policy, establish a program under 
which an officer, member, or employee of the Coast Guard may be 
assigned to a private entity to further the institutional 
interests of the Coast Guard with regard to marine safety, 
including for the purpose of providing training to an officer, 
member, or employee. Policies to carry out the program--
          (1) with regard to an employee of the Coast Guard, 
        shall include provisions, consistent with sections 3702 
        through 3704 of title 5, as to matters concerning--
                  (A) the duration and termination of 
                assignments;
                  (B) reimbursements; and
                  (C) status, entitlements, benefits, and 
                obligations of program participants; and
          (2) shall require the Commandant, before approving 
        the assignment of an officer, member, or employee of 
        the Coast Guard to a private entity, to determine that 
        the assignment is an effective use of the Coast Guard's 
        funds, taking into account the best interests of the 
        Coast Guard and the costs and benefits of alternative 
        methods of achieving the same results and objectives.

Sec. [60]  315. Training course on workings of Congress

  (a) In General.--Not later than 180 days after the date of 
the enactment of the Coast Guard Authorization Act of 2016, the 
Commandant, in consultation with the Superintendent of the 
Coast Guard Academy and such other individuals and 
organizations as the Commandant considers appropriate, shall 
develop a training course on the workings of the Congress and 
offer that training course at least once each year.
  (b) Course Subject Matter.--The training course required by 
this section shall provide an overview and introduction to the 
Congress and the Federal legislative process, including--
          (1) the history and structure of the Congress and the 
        committee systems of the House of Representatives and 
        the Senate, including the functions and 
        responsibilities of the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate;
          (2) the documents produced by the Congress, including 
        bills, resolutions, committee reports, and conference 
        reports, and the purposes and functions of those 
        documents;
          (3) the legislative processes and rules of the House 
        of Representatives and the Senate, including 
        similarities and differences between the two processes 
        and rules, including--
                  (A) the congressional budget process;
                  (B) the congressional authorization and 
                appropriation processes;
                  (C) the Senate advice and consent process for 
                Presidential nominees;
                  (D) the Senate advice and consent process for 
                treaty ratification;
          (4) the roles of Members of Congress and 
        congressional staff in the legislative process; and
          (5) the concept and underlying purposes of 
        congressional oversight within our governance framework 
        of separation of powers.
  (c) Lecturers and Panelists.--
          (1) Outside experts.--The Commandant shall ensure 
        that not less than 60 percent of the lecturers, 
        panelists, and other individuals providing education 
        and instruction as part of the training course required 
        by this section are experts on the Congress and the 
        Federal legislative process who are not employed by the 
        executive branch of the Federal Government.
          (2) Authority to accept pro bono services.--In 
        satisfying the requirement under paragraph (1), the 
        Commandant shall seek, and may accept, educational and 
        instructional services of lecturers, panelists, and 
        other individuals and organizations provided to the 
        Coast Guard on a pro bono basis.
  (d) Completion of Required Training.--
          (1) Current flag officers and employees.--A Coast 
        Guard flag officer appointed or assigned to a billet in 
        the National Capital Region on the date of the 
        enactment of this section, and a Coast Guard Senior 
        Executive Service employee employed in the National 
        Capital Region on the date of the enactment of this 
        section, shall complete a training course that meets 
        the requirements of this section within 60 days after 
        the date on which the Commandant completes the 
        development of the training course.
          (2) New flag officers and employees.--A Coast Guard 
        flag officer who is newly appointed or assigned to a 
        billet in the National Capital Region, and a Coast 
        Guard Senior Executive Service employee who is newly 
        employed in the National Capital Region, shall complete 
        a training course that meets the requirements of this 
        section not later than 60 days after reporting for 
        duty.

Sec. [98]  316. National Coast Guard Museum

  (a) Establishment.--The Commandant may establish a National 
Coast Guard Museum, on lands which will be federally owned and 
administered by the Coast Guard, and are located in New London, 
Connecticut, at, or in close proximity to, the Coast Guard 
Academy.
  (b) Limitation on Expenditures.--(1) Except as provided in 
paragraph (2), the Secretary shall not expend any funds 
appropriated to the Coast Guard on the engineering, design, or 
construction of any museum established under this section.
          (2) The Secretary shall fund the operation and 
        maintenance of the National Coast Guard Museum with 
        nonappropriated and non-Federal funds to the maximum 
        extent practicable. The priority use of Federal 
        operation and maintenance funds should be to preserve 
        and protect historic Coast Guard artifacts, including 
        the design, fabrication, and installation of exhibits 
        or displays in which such artifacts are included.
  (c) Funding Plan.--Before the date on which the Commandant 
establishes a museum under subsection (a), the Commandant shall 
provide to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives a plan for constructing, operating, and 
maintaining such a museum, including--
          (1) estimated planning, engineering, design, 
        construction, operation, and maintenance costs;
          (2) the extent to which appropriated, 
        nonappropriated, and non-Federal funds will be used for 
        such purposes, including the extent to which there is 
        any shortfall in funding for engineering, design, or 
        construction; and
          (3) a certification by the Inspector General of the 
        department in which the Coast Guard is operating that 
        the estimates provided pursuant to paragraphs (1) and 
        (2) are reasonable and realistic.
  (d) Authority.--The Commandant may not establish a Coast 
Guard museum except as set forth in this section.

Sec. [336]  317. United States Coast Guard Band; composition; director

  (a) The United States Coast Guard Band shall be composed of a 
director and other personnel in such numbers and grades as the 
Secretary determines to be necessary.
  (b) The Secretary may designate as the director any 
individual determined by the Secretary to possess the necessary 
qualifications. Upon the recommendation of the Secretary, an 
individual so designated may be appointed by the President, by 
and with the advice and consent of the Senate, to a 
commissioned grade in the Regular Coast Guard.
  (c) The initial appointment to a commissioned grade of an 
individual designated as director of the Coast Guard Band shall 
be in the grade determined by the Secretary to be most 
appropriate to the qualifications and experience of the 
appointed individual.
  (d) An individual who is designated and commissioned under 
this section shall not be included on the active duty promotion 
list. He shall be promoted under section 276 of this title. 
However, the grade of the director may not be higher than 
captain.
  (e) The Secretary may revoke any designation as director of 
the Coast Guard Band. When an individual's designation is 
revoked, his appointment to commissioned grade under this 
section terminates and he is entitled, at his option--
          (1) to be discharged from the Coast Guard; or
          (2) to revert to the grade and status he held at the 
        time of his designation as director.

Sec. 318. Environmental Compliance and Restoration Program

  (a) Definitions.--For the purposes of this section--
          (1) ``environment'', ``facility'', ``person'', 
        ``release'', ``removal'', ``remedial'', and 
        ``response'' have the same meaning they have in section 
        101 of the Comprehensive Environmental Response, 
        Compensation, and Liability Act (42 U.S.C. 9601);
          (2) ``hazardous substance'' has the same meaning it 
        has in section 101 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act (42 U.S.C. 
        9601), except that it also includes the meaning given 
        ``oil'' in section 311 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1321); and
          (3) ``pollutant'' has the same meaning it has in 
        section 502 of the Federal Water Pollution Control Act 
        (33 U.S.C. 1362).
  (b) Program.--
          (1) The Secretary shall carry out a program of 
        environmental compliance and restoration at current and 
        former Coast Guard facilities.
          (2) Program goals include:
                  (A) Identifying, investigating, and cleaning 
                up contamination from hazardous substances and 
                pollutants.
                  (B) Correcting other environmental damage 
                that poses an imminent and substantial danger 
                to the public health or welfare or to the 
                environment.
                  (C) Demolishing and removing unsafe buildings 
                and structures, including buildings and 
                structures at former Coast Guard facilities.
                  (D) Preventing contamination from hazardous 
                substances and pollutants at current Coast 
                Guard facilities.
          (3)(A) The Secretary shall respond to releases of 
        hazardous substances and pollutants--
                  (i) at each Coast Guard facility the United 
                States owns, leases, or otherwise possesses;
                  (ii) at each Coast Guard facility the United 
                States owned, leased, or otherwise possessed 
                when the actions leading to contamination from 
                hazardous substances or pollutants occurred; 
                and
                  (iii) on each vessel the Coast Guard owns or 
                operates.
          (B) Subparagraph (A) of this paragraph does not apply 
        to a removal or remedial action when a potentially 
        responsible person responds under section 122 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act (42 U.S.C. 9622).
          (C) The Secretary shall pay a fee or charge imposed 
        by a State authority for permit services for disposing 
        of hazardous substances or pollutants from Coast Guard 
        facilities to the same extent that nongovernmental 
        entities are required to pay for permit services. This 
        subparagraph does not apply to a payment that is the 
        responsibility of a lessee, contractor, or other 
        private person.
          (4) The Secretary may agree with another Federal 
        agency for that agency to assist in carrying out the 
        Secretary's responsibilities under this section. The 
        Secretary may enter into contracts, cooperative 
        agreements, and grant agreements with State and local 
        governments to assist in carrying out the Secretary's 
        responsibilities under this section. Services that may 
        be obtained under this paragraph include identifying, 
        investigating, and cleaning up off-site contamination 
        that may have resulted from the release of a hazardous 
        substance or pollutant at a Coast Guard facility.
          (5) Section 119 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act (42 U.S.C. 
        9619) applies to response action contractors that carry 
        out response actions under this section. The Coast 
        Guard shall indemnify response action contractors to 
        the extent that adequate insurance is not generally 
        available at a fair price at the time the contractor 
        enters into the contract to cover the contractor's 
        reasonable, potential, long-term liability.
  (c) Environmental Compliance and Restoration Account.--
          (1) There is established for the Coast Guard an 
        account known as the Coast Guard Environmental 
        Compliance and Restoration Account. All sums 
        appropriated to carry out the Coast Guard's 
        environmental compliance and restoration functions 
        under this section or another law shall be credited or 
        transferred to the account and remain available until 
        expended.
          (2) Funds may be obligated or expended from the 
        account to carry out the Coast Guard's environmental 
        compliance and restoration functions under this section 
        or another law.
          (3) In proposing the budget for any fiscal year under 
        section 1105 of title 31, the President shall set forth 
        separately the amount requested for the Coast Guard's 
        environmental compliance and restoration activities 
        under this section or another law.
          (4) Amounts recovered under section 107 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act (42 U.S.C. 9607) for the Secretary's 
        response actions at current and former Coast Guard 
        facilities shall be credited to the account.
  (d) Annual list of projects to Congress.--The Commandant of 
the Coast Guard shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate a prioritized list of projects eligible for 
environmental compliance and restoration funding for each 
fiscal year concurrent with the President's budget submission 
for that fiscal year.

                    CHAPTER 5--FUNCTIONS AND POWERS

[Sec.
[81. Aids to navigation authorized.
[83. Unauthorized aids to maritime navigation; penalty.
[84. Interference with aids to navigation; penalty.
[85. Aids to maritime navigation; penalty.
[86. Marking of obstructions.
[87. Icebreaking in polar regions.
[88. Saving life and property.
[89. Law enforcement.
[90. Arctic maritime transportation?
[91. Safety of naval vessels.
[92. Secretary; general powers.
[93. Commandant; general powers.
[94. Oceanographic research.
[95. Special agents of the Coast Guard Investigative Service law 
          enforcement authority.
[96. Prohibition on overhaul, repair, and maintenance of Coast Guard 
          vessels in foreign shipyards.
[97. Procurement of buoy chain.
[98. National Coast Guard Museum.
[99. Enforcement authority.
[100. Enforcement of coastwise trade laws.
[101. Appeals and waivers.
[102. Agreements.
[103. Notification of certain determinations.]

                       SUBCHAPTER I-GENERAL POWERS

Sec.
501. Secretary; general powers.
502. Delegation of powers by the Secretary.
503. Regulations.
504. Commandant; general powers.
505. Functions and powers vested in the Commandant.
506. Prospective payment of funds necessary to provide medical care.

        SUBCHAPTER II-LIFE SAVING AND LAW ENFORCEMENT AUTHORITIES

521. Saving life and property.
522. Law enforcement.
523. Enforcement authority.
524. Enforcement of coastwise trade laws.
525. Special agents of the Coast Guard Investigative Service law 
          enforcement authority.
526. Stopping vessels; indemnity for firing at or into vessel.
527. Safety of naval vessels.

                    SUBCHAPTER III-AIDS TO NAVIGATION

541. Aids to navigation authorized.
542. Unauthorized aids to maritime navigation; penalty.
543. Interference with aids to navigation; penalty.
544. Aids to maritime navigation; penalty.
545. Marking of obstructions.
546. Deposit of damage payments.
547. Rewards for apprehension of persons interfering with aids to 
          navigation.

                       SUBCHAPTER IV-MISCELLANEOUS

561. Icebreaking in polar regions.
562. Appeals and waivers.
563. Notification of certain determinations.
Sec. 564. Regattas and marine parades.

   SUBCHAPTER V-REGULATION OF VESSELS IN TERRITORIAL WATERS OF UNITED 
                                 STATES

581. Regulation of anchorage and movement of vessels during national 
          emergency.
582. Seizure and forfeiture of vessel; fine and imprisonment.
583. Enforcement provisions.
584. Definitions.

                      SUBCHAPTER I--GENERAL POWERS

Sec. [92]  501. Secretary; general powers

  For the purpose of executing the duties and functions of the 
Coast Guard the Secretary may within the limits of 
appropriations made therefor:
  (a) establish, change the limits of, consolidate, 
discontinue, and re-establish Coast Guard districts;
  (b) arrange with the Secretaries of the Army, Navy and Air 
Force to assign members of the Coast Guard to any school 
maintained by the Army, Navy, and Air Force, for instruction 
and training, including aviation schools;
  (c) construct, or cause to be constructed, Coast Guard shore 
establishments;
  (d) design or cause to be designed, cause to be constructed, 
accept as gift, or otherwise acquire vessels, and subject to 
applicable regulations under subtitle I of title 40 and 
division C (except sections 3302, 3501(b), 3509, 3906, 4710, 
and 4711) of subtitle I of title 41 dispose of them;
  (f) acquire land or interests in land, including acceptance 
of gifts thereof, where required for the purpose of carrying 
out any project or purpose for which an appropriation has been 
made;
  (g) exchange land or interests in land in part or in full 
payment for such other land or interests in land as may be 
necessary or desirable, the balance of such part payment to be 
defrayable in accordance with other provisions of this section;
  (h) exercise any of the powers vested by this title in the 
Commandant in any case in which the Secretary deems it 
appropriate; and
  (i) do any and all things necessary to carry out the purposes 
of this title.

Sec. [631]  502. Delegation of powers by the Secretary

  The Secretary is authorized to confer or impose upon the 
Commandant any of the rights, privileges, powers, or duties, in 
respect to the administration of the Coast Guard, vested in or 
imposed upon the Secretary by this title or other provisions of 
law.

Sec. [633]  503. Regulations

  In addition to the authority conferred by other provisions of 
this title the Secretary may promulgate such regulations and 
orders as he deems appropriate to carry out the provisions of 
this title or any other law applicable to the Coast Guard.

Sec. [93]  504. Commandant; general powers

  (a) For the purpose of executing the duties and functions of 
the Coast Guard the Commandant may:
          (1) maintain water, land, and air patrols, and ice-
        breaking facilities;
          (2) establish and prescribe the purpose of, change 
        the location of, consolidate, discontinue, re-
        establish, maintain, operate, and repair Coast Guard 
        shore establishments;
          (3) assign vessels, aircraft, vehicles, aids to 
        navigation, equipment, appliances, and supplies to 
        Coast Guard districts and shore establishments, and 
        transfer any of the foregoing from one district or 
        shore establishment to another;
          (4) conduct experiments and investigate, or cause to 
        be investigated, plans, devices, and inventions 
        relating to the performance of any Coast Guard 
        function, including research, development, test, or 
        evaluation related to intelligence systems and 
        capabilities;
          (5) conduct any investigations or studies that may be 
        of assistance to the Coast Guard in the performance of 
        any of its powers, duties, or functions;
          (6) collect, publish, and distribute information 
        concerning Coast Guard operations;
          (7) conduct or make available to personnel of the 
        Coast Guard, and to eligible spouses as defined under 
        section 542, such specialized training and courses of 
        instruction, including correspondence courses and the 
        textbooks, manuals, and other materials required as 
        part of such training or course of instruction, as may 
        be necessary or desirable for the good of the service;
          (8) design or cause to be designed, cause to be 
        constructed, accept as gift, or otherwise acquire 
        patrol boats and other small craft, equip, operate, 
        maintain, supply, and repair such patrol boats, other 
        small craft, aircraft, and vehicles, and subject to 
        applicable regulations under subtitle I of title 40 and 
        division C (except sections 3302, 3501(b), 3509, 3906, 
        4710, and 4711) of subtitle I of title 41 dispose of 
        them;
          (9) acquire, accept as gift, maintain, repair, and 
        discontinue aids to navigation, appliances, equipment, 
        and supplies;
          (10) equip, operate, maintain, supply, and repair 
        Coast Guard districts and shore establishments;
          (11) establish, equip, operate, and maintain shops, 
        depots, and yards for the manufacture and construction 
        of aids to navigation, equipment, apparatus, vessels, 
        vehicles, and aircraft not normally or economically 
        obtainable from private contractors, and for the 
        maintenance and repair of any property used by the 
        Coast Guard;
          (12) accept and utilize, in times of emergency in 
        order to save life or protect property, such voluntary 
        services as may be offered to the Coast Guard;
          (13) rent or lease, under such terms and conditions 
        as are deemed advisable, for a period not exceeding 
        five years, such real property under the control of the 
        Coast Guard as may not be required for immediate use by 
        the Coast Guard, the monies received from any such 
        rental or lease, less amount of expenses incurred 
        (exclusive of governmental personal services), to be 
        deposited in the fund established under section 687;
          (14) grant, under such terms and conditions as are 
        deemed advisable, permits, licenses, easements, and 
        rights-of-way over, across, in, and upon lands under 
        the control of the Coast Guard when in the public 
        interest and without substantially injuring the 
        interests of the United States in the property thereby 
        affected;
          (15) establish, install, abandon, re-establish, 
        reroute, operate, maintain, repair, purchase, or lease 
        such telephone and telegraph lines and cables, together 
        with all facilities, apparatus, equipment, structures, 
        appurtenances, accessories, and supplies used or useful 
        in connection with the installation, operation, 
        maintenance, or repair of such lines and cables, 
        including telephones in residences leased or owned by 
        the Government of the United States when appropriate to 
        assure efficient response to extraordinary operational 
        contingencies of a limited duration, and acquire such 
        real property rights of way, easements, or attachment 
        privileges as may be required for the installation, 
        operation, and maintenance of such lines, cables, and 
        equipment;
          (16) establish, install, abandon, reestablish, change 
        the location of, operate, maintain, and repair radio 
        transmitting and receiving stations;
          (17) provide medical and dental care for personnel 
        entitled thereto by law or regulation, including care 
        in private facilities;
          (18) accept, under terms and conditions the 
        Commandant establishes, the service of an individual 
        ordered to perform community service under the order of 
        a Federal, State, or municipal court;
          (19) notwithstanding any other law, enter into 
        cooperative agreements with States, local governments, 
        non-governmental organizations, and individuals, to 
        accept and utilize voluntary services for the 
        maintenance and improvement of natural and historic 
        resources on, or to benefit natural and historic 
        research on, Coast Guard facilities, subject to the 
        requirement that--
                  (A) the cooperative agreements shall each 
                provide for the parties to contribute funds or 
                services on a matching basis to defray the 
                costs of such programs, projects, and 
                activities under the agreement; and
                  (B) a person providing voluntary services 
                under this subsection shall not be considered a 
                Federal employee except for purposes of chapter 
                81 of title 5, United States Code, with respect 
                to compensation for work-related injuries, and 
                chapter 171 of title 28, United States Code, 
                with respect to tort claims;
          (20) enter into cooperative agreements with other 
        Government agencies and the National Academy of 
        Sciences;
          (21) require that any member of the Coast Guard or 
        Coast Guard Reserve (including a cadet or an applicant 
        for appointment or enlistment to any of the foregoing 
        and any member of a uniformed service who is assigned 
        to the Coast Guard) request that all information 
        contained in the National Driver Register pertaining to 
        the individual, as described in section 30304(a) of 
        title 49, be made available to the Commandant under 
        section 30305(a) of title 49, may receive that 
        information, and upon receipt, shall make the 
        information available to the individual;
          (22) provide for the honorary recognition of 
        individuals and organizations that significantly 
        contribute to Coast Guard programs, missions, or 
        operations, including State and local governments and 
        commercial and nonprofit organizations, and pay for, 
        using any appropriations or funds available to the 
        Coast Guard, plaques, medals, trophies, badges, and 
        similar items to acknowledge such contribution 
        (including reasonable expenses of ceremony and 
        presentation);
          (23) rent or lease, under such terms and conditions 
        as are considered by the Secretary to be advisable, 
        commercial vehicles to transport the next of kin of 
        eligible retired Coast Guard military personnel to 
        attend funeral services of the service member at a 
        national cemetery;
          (24) after informing the Secretary, make such 
        recommendations to the Congress relating to the Coast 
        Guard as the Commandant considers appropriate; and
          (25) enter into cooperative agreements, contracts, 
        and other agreements with Federal entities and other 
        public or private entities, including academic 
        entities, to develop a positioning, navigation, and 
        timing system to provide redundant capability in the 
        event Global Positioning System signals are disrupted, 
        which may consist of an enhanced LORAN system.
  (b)(1) Notwithstanding subsection (a)(13), a lease described 
in paragraph (2) of this subsection may be for a term of up to 
20 years.
          (2) A lease referred to in paragraph (1) is a lease--
                  (A) to the United States Coast Guard Academy 
                Alumni Association for the construction of an 
                Alumni Center on the grounds of the United 
                States Coast Guard Academy; or
                  (B) to an entity with which the Commandant 
                has a cooperative agreement under section 4(e) 
                of the Ports and Waterways Safety Act, and for 
                which a term longer than 5 years is necessary 
                to carry out the agreement.
  (c) Marine Safety Responsibilities.--In exercising the 
Commandant's duties and responsibilities with regard to marine 
safety, the individual with the highest rank who meets the 
experience qualifications set forth in section 50(a)(3) shall 
serve as the principal advisor to the Commandant regarding--
          (1) the operation, regulation, inspection, 
        identification, manning, and measurement of vessels, 
        including plan approval and the application of load 
        lines;
          (2) approval of materials, equipment, appliances, and 
        associated equipment;
          (3) the reporting and investigation of marine 
        casualties and accidents;
          (4) the licensing, certification, documentation, 
        protection and relief of merchant seamen;
          (5) suspension and revocation of licenses and 
        certificates;
          (6) enforcement of manning requirements, citizenship 
        requirements, control of log books;
          (7) documentation and numbering of vessels;
          (8) State boating safety programs;
          (9) commercial instruments and maritime liens;
          (10) the administration of bridge safety;
          (11) administration of the navigation rules;
          (12) the prevention of pollution from vessels;
          (13) ports and waterways safety;
          (14) waterways management; including regulation for 
        regattas and marine parades;
          (15) aids to navigation; and
          (16) other duties and powers of the Secretary related 
        to marine safety and stewardship.
  (d) Other Authority Not Affected.--Nothing in subsection (c) 
affects--
          (1) the authority of Coast Guard officers and members 
        to enforce marine safety regulations using authority 
        under section 89 of this title; or
          (2) the exercise of authority under section 91 of 
        this title and the provisions of law codified at 
        sections 191 through 195 of title 50 on the date of 
        enactment of this paragraph.
  (e) Operation and Maintenance of Coast Guard Assets and 
Facilities.--All authority, including programmatic budget 
authority, for the operation and maintenance of Coast Guard 
vessels, aircraft, systems, aids to navigation, infrastructure, 
and other assets or facilities shall be allocated to and vested 
in the Coast Guard and the department in which the Coast Guard 
is operating.
  (f) Leasing of Tidelands and Submerged Lands.--
          (1) Authority.--The Commandant may lease under 
        subsection (a)(13) submerged lands and tidelands under 
        the control of the Coast Guard without regard to the 
        limitation under that subsection with respect to lease 
        duration.
          (2) Limitation.--The Commandant may lease submerged 
        lands and tidelands under paragraph (1) only if--
                  (A) the lease is for cash exclusively;
                  (B) the lease amount is equal to the fair 
                market value of the use of the leased submerged 
                lands or tidelands for the period during which 
                such lands are leased, as determined by the 
                Commandant;
                  (C) the lease does not provide authority to 
                or commit the Coast Guard to use or support any 
                improvements to such submerged lands and 
                tidelands, or obtain goods and services from 
                the lessee; and
                  (D) proceeds from the lease are deposited in 
                the Coast Guard Housing Fund established under 
                section 687.

Sec. [632]  505. Functions and powers vested in the Commandant

  All powers and functions conferred upon the Coast Guard, or 
the Commandant, by or pursuant to this title or any other law 
shall, unless otherwise specifically stated, be executed by the 
Commandant subject to the general supervision of the Secretary. 
In order to execute the powers and functions vested in him, the 
Commandant may assign personnel of the Coast Guard to duty in 
the District of Columbia, elsewhere in the United States, in 
any territory of the United States, and in any foreign country, 
but such personnel shall not be assigned to duties in any 
foreign country without the consent of the government of that 
country; assign to such personnel such duties and authority as 
he deems necessary; and issue rules, orders, and instructions, 
not inconsistent with law, relating to the organization, 
internal administration, and personnel of the Coast Guard.

Sec. [520]  506. Prospective payment of funds necessary to provide 
                    medical care

  (a) Prospective payment required In lieu of the reimbursement 
required under section 1085 of title 10, the Secretary of 
Homeland Security shall make a prospective payment to the 
Secretary of Defense of an amount that represents the actuarial 
valuation of treatment or care--
          (1) that the Department of Defense shall provide to 
        members of the Coast Guard, former members of the Coast 
        Guard, and dependents of such members and former 
        members (other than former members and dependents of 
        former members who are a Medicare-eligible beneficiary 
        or for whom the payment for treatment or care is made 
        from the Medicare-Eligible Retiree Health Care Fund) at 
        facilities under the jurisdiction of the Department of 
        Defense or a military department; and
          (2) for which a reimbursement would otherwise be made 
        under section 1085.
  (b) Amount The amount of the prospective payment under 
subsection (a) shall be--
          (1) in the case of treatment or care to be provided 
        to members of the Coast Guard and their dependents, 
        derived from amounts appropriated for the operating 
        expenses of the Coast Guard;
          (2) in the case of treatment or care to be provided 
        former members of the Coast Guard and their dependents, 
        derived from amounts appropriated for retired pay;
          (3) determined under procedures established by the 
        Secretary of Defense;
          (4) paid during the fiscal year in which treatment or 
        care is provided; and
          (5) subject to adjustment or reconciliation as the 
        Secretaries determine appropriate during or promptly 
        after such fiscal year in cases in which the 
        prospective payment is determined excessive or 
        insufficient based on the services actually provided.
  (c) No prospective payment when service in Navy No 
prospective payment shall be made under this section for any 
period during which the Coast Guard operates as a service in 
the Navy.
  (d) Relationship to TRICARE This section shall not be 
construed to require a payment for, or the prospective payment 
of an amount that represents the value of, treatment or care 
provided under any TRICARE program.

       SUBCHAPTER II--LIFE SAVING AND LAW ENFORCEMENT AUTHORITIES

Sec. [88]  521. Saving life and property

  (a) In order to render aid to distressed persons, vessels, 
and aircraft on and under the high seas and on and under the 
waters over which the United States has jurisdiction and in 
order to render aid to persons and property imperiled by flood, 
the Coast Guard may:
          (1) perform any and all acts necessary to rescue and 
        aid persons and protect and save property;
          (2) take charge of and protect all property saved 
        from marine or aircraft disasters, or floods, at which 
        the Coast Guard is present, until such property is 
        claimed by persons legally authorized to receive it or 
        until otherwise disposed of in accordance with law or 
        applicable regulations, and care for bodies of those 
        who may have perished in such catastrophes;
          (3) furnish clothing, food, lodging, medicines, and 
        other necessary supplies and services to persons 
        succored by the Coast Guard; and
          (4) destroy or tow into port sunken or floating 
        dangers to navigation.
  (b)(1) Subject to paragraph (2), the Coast Guard may render 
aid to persons and protect and save property at any time and at 
any place at which Coast Guard facilities and personnel are 
available and can be effectively utilized.
          (2) The Commandant shall make full use of all 
        available and qualified resources, including the Coast 
        Guard Auxiliary and individuals licensed by the 
        Secretary pursuant to section 8904(b) of title 46, 
        United States Code, in rendering aid under this 
        subsection in nonemergency cases.
  (c) An individual who knowingly and willfully communicates a 
false distress message to the Coast Guard or causes the Coast 
Guard to attempt to save lives and property when no help is 
needed is--
          (1) guilty of a class D felony;
          (2) subject to a civil penalty of not more than 
        $10,000; and
          (3) liable for all costs the Coast Guard incurs as a 
        result of the individual's action.
  (d) The Secretary shall establish a helicopter rescue 
swimming program for the purpose of training selected Coast 
Guard personnel in rescue swimming skills, which may include 
rescue diver training.
  (e) An individual who knowingly and willfully operates a 
device with the intention of interfering with the broadcast or 
reception of a radio, microwave, or other signal (including a 
signal from a global positioning system) transmitted, 
retransmitted, or augmented by the Coast Guard for the purpose 
of maritime safety is--
          (1) guilty of a class E felony; and
          (2) subject to a civil penalty of not more than 
        $1,000 per day for each violation.

Sec. [89]  522. Law enforcement

  (a) The Coast Guard may make inquiries, examinations, 
inspections, searches, seizures, and arrests upon the high seas 
and waters over which the United States has jurisdiction, for 
the prevention, detection, and suppression of violations of 
laws of the United States. For such purposes, commissioned, 
warrant, and petty officers may at any time go on board of any 
vessel subject to the jurisdiction, or to the operation of any 
law, of the United States, address inquiries to those on board, 
examine the ship's documents and papers, and examine, inspect, 
and search the vessel and use all necessary force to compel 
compliance. When from such inquiries, examination, inspection, 
or search it appears that a breach of the laws of the United 
States rendering a person liable to arrest is being, or has 
been committed, by any person, such person shall be arrested 
or, if escaping to shore, shall be immediately pursued and 
arrested on shore, or other lawful and appropriate action shall 
be taken; or, if it shall appear that a breach of the laws of 
the United States has been committed so as to render such 
vessel, or the merchandise, or any part thereof, on board of, 
or brought into the United States by, such vessel, liable to 
forfeiture, or so as to render such vessel liable to a fine or 
penalty and if necessary to secure such fine or penalty, such 
vessel or such merchandise, or both, shall be seized.
  (b) The officers of the Coast Guard insofar as they are 
engaged, pursuant to the authority contained in this section, 
in enforcing any law of the United States shall:
          (1) be deemed to be acting as agents of the 
        particular executive department or independent 
        establishment charged with the administration of the 
        particular law; and
          (2) be subject to all the rules and regulations 
        promulgated by such department or independent 
        establishment with respect to the enforcement of that 
        law.
  (c) The provisions of this section are in addition to any 
powers conferred by law upon such officers, and not in 
limitation of any powers conferred by law upon such officers, 
or any other officers of the United States.

Sec. [99]  523. Enforcement authority

  Subject to guidelines approved by the Secretary, members of 
the Coast Guard, in the performance of official duties, may--
          (1) carry a firearm; and
          (2) while at a facility (as defined in section 70101 
        of title 46)--
                  (A) make an arrest without warrant for any 
                offense against the United States committed in 
                their presence; and
                  (B) seize property as otherwise provided by 
                law.

Sec. [100]  524. Enforcement of coastwise trade laws

  Officers and members of the Coast Guard are authorized to 
enforce chapter 551 of title 46. The Secretary shall establish 
a program for these officers and members to enforce that 
chapter.

Sec. [95]  525. Special agents of the Coast Guard Investigative Service 
                    law enforcement authority

  (a)(1) A special agent of the Coast Guard Investigative 
Service designated under subsection (b) has the following 
authority:
                  (A) To carry firearms.
                  (B) To execute and serve any warrant or other 
                process issued under the authority of the 
                United States.
                  (C) To make arrests without warrant for--
                          (i) any offense against the United 
                        States committed in the agent's 
                        presence; or
                          (ii) any felony cognizable under the 
                        laws of the United States if the agent 
                        has probable cause to believe that the 
                        person to be arrested has committed or 
                        is committing the felony.
          (2) The authorities provided in paragraph (1) shall 
        be exercised only in the enforcement of statutes for 
        which the Coast Guard has law enforcement authority, or 
        in exigent circumstances.
  (b) The Commandant may designate to have the authority 
provided under subsection (a) any special agent of the Coast 
Guard Investigative Service whose duties include conducting, 
supervising, or coordinating investigation of criminal activity 
in programs and operations of the United States Coast Guard.
  (c) The authority provided under subsection (a) shall be 
exercised in accordance with guidelines prescribed by the 
Commandant and approved by the Attorney General and any other 
applicable guidelines prescribed by the Secretary or the 
Attorney General.

Sec. [637]  526. Stopping vessels; indemnity for firing at or into 
                    vessel

  (a)(1) Whenever any vessel liable to seizure or examination 
does not stop on being ordered to do so or on being pursued by 
an authorized vessel or authorized aircraft which has displayed 
the ensign, pennant, or other identifying insignia prescribed 
for an authorized vessel or authorized aircraft, the person in 
command or in charge of the authorized vessel or authorized 
aircraft may, subject to paragraph (2), fire at or into the 
vessel which does not stop.
          (2) Before firing at or into a vessel as authorized 
        in paragraph (1), the person in command or in charge of 
        the authorized vessel or authorized aircraft shall fire 
        a gun as a warning signal, except that the prior firing 
        of a gun as a warning signal is not required if that 
        person determines that the firing of a warning signal 
        would unreasonably endanger persons or property in the 
        vicinity of the vessel to be stopped.
  (b) The person in command of an authorized vessel or 
authorized aircraft and all persons acting under that person's 
direction shall be indemnified from any penalties or actions 
for damages for firing at or into a vessel pursuant to 
subsection (a). If any person is killed or wounded by the 
firing, and the person in command of the authorized vessel or 
authorized aircraft or any person acting pursuant to their 
orders is prosecuted or arrested therefor, they shall be 
forthwith admitted to bail.
  (c) A vessel or aircraft is an authorized vessel or 
authorized aircraft for purposes of this section if--
          (1) it is a Coast Guard vessel or aircraft;
          (2) it is a surface naval vessel or military aircraft 
        on which one or more members of the Coast Guard are 
        assigned pursuant to section 379 of title 10; or
          (3) it is any other vessel or aircraft on government 
        noncommercial service when--
                  (A) the vessel or aircraft is under the 
                tactical control of the Coast Guard; and
                  (B) at least one member of the Coast Guard is 
                assigned and conducting a Coast Guard mission 
                on the vessel or aircraft.

Sec. [91]  527. Safety of naval vessels

  (a) The Secretary may control the anchorage and movement of 
any vessel in the navigable waters of the United States to 
ensure the safety or security of any United States naval vessel 
in those waters.
  (b) If the Secretary does not exercise the authority in 
subsection (a) of this section and immediate action is 
required, the senior naval officer present in command may 
control the anchorage or movement of any vessel in the 
navigable waters of the United States to ensure the safety and 
security of any United States naval vessel under the officer's 
command.
  (c) If a person violates, or a vessel is operated in 
violation of, this section or a regulation or order issued 
under this section, the person or vessel is subject to the 
enforcement provisions in section 13 of the Ports and Waterways 
Safety Act (33 U.S.C. 1232).
  (d) As used in this section ``navigable waters of the United 
States'' includes all waters of the territorial sea of the 
United States as described in Presidential Proclamation No. 
5928 of December 27, 1988.

                   SUBCHAPTER III--AIDS TO NAVIGATION

Sec. [81]  541. Aids to navigation authorized

  In order to aid navigation and to prevent disasters, 
collisions, and wrecks of vessels and aircraft, the Coast Guard 
may establish, maintain, and operate:
          (1) aids to maritime navigation required to serve the 
        needs of the armed forces or of the commerce of the 
        United States;
          (2) aids to air navigation required to serve the 
        needs of the armed forces of the United States peculiar 
        to warfare and primarily of military concern as 
        determined by the Secretary of Defense or the Secretary 
        of any department within the Department of Defense and 
        as required by any of those officials; and
          (3) electronic aids to navigation systems (a) 
        required to serve the needs of the armed forces of the 
        United States peculiar to warfare and primarily of 
        military concern as determined by the Secretary of 
        Defense or any department within the Department of 
        Defense; or (b) required to serve the needs of the 
        maritime commerce of the United States; or (c) required 
        to serve the needs of the air commerce of the United 
        States as requested by the Administrator of the Federal 
        Aviation Administration.
These aids to navigation other than electronic aids to 
navigation systems shall be established and operated only 
within the United States, the waters above the Continental 
Shelf, the territories and possessions of the United States, 
the Trust Territory of the Pacific Islands, and beyond the 
territorial jurisdiction of the United States at places where 
naval or military bases of the United States are or may be 
located. The Coast Guard may establish, maintain, and operate 
aids to maritime navigation under paragraph (1) of this section 
by contract with any person, public body, or instrumentality.

Sec. [83]  542. Unauthorized aids to maritime navigation; penalty

  No person, or public body, or instrumentality, excluding the 
armed services, shall establish, erect, or maintain any aid to 
maritime navigation in or adjacent to the waters subject to the 
jurisdiction of the United States, its territories or 
possessions, or the Trust Territory of the Pacific Islands, or 
on the high seas if that person, or public body, or 
instrumentality is subject to the jurisdiction of the United 
States, without first obtaining authority to do so from the 
Coast Guard in accordance with applicable regulations. Whoever 
violates the provisions of this section or any of the 
regulations issued by the Secretary in accordance herewith 
shall be guilty of a misdemeanor and shall be fined not more 
than $1,500 for each offense. Each day during which such 
violation continues shall be considered as a new offense.

Sec. [84]  543. Interference with aids to navigation; penalty

  It shall be unlawful for any person, or public body, or 
instrumentality, excluding the armed forces, to remove, change 
the location of, obstruct, wilfully damage, make fast to, or 
interfere with any aid to navigation established, installed, 
operated, or maintained by the Coast Guard pursuant to section 
81 of this title, or with any aid to navigation lawfully 
maintained under authority granted by the Coast Guard pursuant 
to section 83 of this title, or to anchor any vessel in any of 
the navigable waters of the United States so as to obstruct or 
interfere with range lights maintained therein. Whoever 
violates the provisions of this section shall be guilty of a 
misdemeanor and shall be fined not more than $1,500 for each 
offense. Each day during which such violation shall continue 
shall be considered as a new offense.

Sec. [85]  544. Aids to maritime navigation; penalty

  The Secretary shall prescribe and enforce necessary and 
reasonable rules and regulations, for the protection of 
maritime navigation, relative to the establishment, 
maintenance, and operation of lights and other signals on fixed 
and floating structures in or over waters subject to the 
jurisdiction of the United States and in the high seas for 
structures owned or operated by persons subject to the 
jurisdiction of the United States. Any owner or operator of 
such a structure, excluding an agency of the United States, who 
violates any of the rules or regulations prescribed hereunder, 
commits a misdemeanor and shall be punished, upon conviction 
thereof, by a fine of not exceeding $1,500 for each day which 
such violation continues.

Sec. [86]  545. Marking of obstructions

  The Secretary may mark for the protection of navigation any 
sunken vessel or other obstruction existing on the navigable 
waters or waters above the continental shelf of the United 
States in such manner and for so long as, in his judgment, the 
needs of maritime navigation require. The owner of such an 
obstruction shall be liable to the United States for the cost 
of such marking until such time as the obstruction is removed 
or its abandonment legally established or until such earlier 
time as the Secretary may determine. All moneys received by the 
United States from the owners of obstructions, in accordance 
with this section, shall be covered into the Treasury of the 
United States as miscellaneous receipts. This section shall not 
be construed so as to relieve the owner of any such obstruction 
from the duty and responsibility suitably to mark the same and 
remove it as required by law.

Sec. [642]  546. Deposit of damage payments

  Whenever an aid to navigation or other property belonging to 
the Coast Guard is damaged or destroyed by a private person, 
and such private person or his agent shall pay to the 
satisfaction of the proper official of the Coast Guard for the 
cost of repair or replacement of such property, the Commandant 
may accept and deposit such payments, through proper officers 
of the Fiscal Service, Treasury Department, in special deposit 
accounts in the Treasury, for payment therefrom to the person 
or persons repairing or replacing the damaged property and 
refundment of amounts collected in excess of the cost of the 
repairs or replacements concerned. In the event that repair or 
replacement of the damaged property is effected by the Coast 
Guard, the appropriations bearing the cost thereof and current 
at the time collection is made shall be reimbursed from the 
special deposit account.

Sec. [643]  547. Rewards for apprehension of persons interfering with 
                    aids to navigation

  The Coast Guard may offer and pay rewards for the 
apprehension and conviction, or for information helpful 
therein, of persons found interfering in violation of law with 
aids to navigation maintained by the Coast Guard; or for 
information leading to the discovery of missing Coast Guard 
property or to recovery thereof.

                      SUBCHAPTER IV--MISCELLANEOUS

Sec. [87]  561. Icebreaking in polar regions

  The President shall facilitate planning for the design, 
procurement, maintenance, deployment, and operation of 
icebreakers as needed to support the statutory missions of the 
Coast Guard in the polar regions by allocating all funds to 
support icebreaking operations in such regions, except for 
recurring incremental costs associated with specific projects, 
to the Coast Guard.

Sec. [101]  562. Appeals and waivers

  Except for the Commandant of the Coast Guard, any individual 
adjudicating an appeal or waiver of a decision regarding marine 
safety, including inspection or manning and threats to the 
environment, shall--
          (1) be a qualified specialist with the training, 
        experience, and qualifications in marine safety to 
        effectively judge the facts and circumstances involved 
        in the appeal and make a judgment regarding the merits 
        of the appeal; or
          (2) have a senior staff member who--
                  (A) meets the requirements of paragraph (1);
                  (B) actively advises the individual 
                adjudicating the appeal; and
                  (C) concurs in writing on the decision on 
                appeal.

Sec. [103]  563. Notification of certain determinations

  (a) In General.--At least 90 days prior to making a final 
determination that a waterway, or a portion thereof, is 
navigable for purposes of the jurisdiction of the Coast Guard, 
the Commandant shall provide notification regarding the 
proposed determination to--
          (1) the Governor of each State in which such 
        waterway, or portion thereof, is located;
          (2) the public; and
          (3) the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.
  (b) Content Requirement.--Each notification provided under 
subsection (a) to an entity specified in paragraph (3) of that 
subsection shall include--
          (1) an analysis of whether vessels operating on the 
        waterway, or portion thereof, subject to the proposed 
        determination are subject to inspection or similar 
        regulation by State or local officials;
          (2) an analysis of whether operators of commercial 
        vessels on such waterway, or portion thereof, are 
        subject to licensing or similar regulation by State or 
        local officials; and
          (3) an estimate of the annual costs that the Coast 
        Guard may incur in conducting operations on such 
        waterway, or portion thereof.

Sec. 564. Regattas and marine parades

  (a) In General.--The Commandant of the Coast Guard may issue 
regulations to promote the safety of life on navigable waters 
during regattas or marine parades.
  (b) Detail and Use of Vessels.--To enforce regulations issued 
under this section--
          (1) the Commandant may detail any public vessel in 
        the service of the Coast Guard and make use of any 
        private vessel tendered gratuitously for that purpose; 
        and
          (2) upon the request of the Commandant, the head of 
        any other Federal department or agency may enforce the 
        regulations by means of any public vessel of such 
        department and any private vessel tendered gratuitously 
        for that purpose.
  (c) Transfer of Authority.--The authority of the Commandant 
under this section may be transferred by the President for any 
special occasion to the head of another Federal department or 
agency whenever in the President's judgment such transfer is 
desirable.
  (d) Penalties.--
          (1) In general.--For any violation of regulations 
        issued pursuant to this section the following penalties 
        shall be incurred:
                  (A) A licensed officer shall be liable to 
                suspension or revocation of license in the 
                manner prescribed by law for incompetency or 
                misconduct.
                  (B) Any person in charge of the navigation of 
                a vessel other than a licensed officer shall be 
                liable to a penalty of $5,000.
                  (C) The owner of a vessel (including any 
                corporate officer of a corporation owning the 
                vessel) actually on board shall be liable to a 
                penalty of $5,000, unless the violation of 
                regulations occurred without the owner's 
                knowledge.
                  (D) Any other person shall be liable to a 
                penalty of $2,500.
          (2) Mitigation or remission.--The Commandant may 
        mitigate or remit any penalty provided for in this 
        subsection in the manner prescribed by law for the 
        mitigation or remission of penalties for violation of 
        the navigation laws.

  SUBCHAPTER V--REGULATION OF VESSELS IN TERRITORIAL WATERS OF UNITED 
                                 STATES

Sec. 581. Regulation of anchorage and movement of vessels during 
                    national emergency

  Whenever the President by proclamation or Executive order 
declares a national emergency to exist by reason of actual or 
threatened war, insurrection, or invasion, or disturbance or 
threatened disturbance of the international relations of the 
United States, or whenever the Attorney General determines that 
an actual or anticipated mass migration of aliens en route to, 
or arriving off the coast of, the United States presents urgent 
circumstances requiring an immediate Federal response, the 
Secretary may make, subject to the approval of the President, 
rules and regulations governing the anchorage and movement of 
any vessel, foreign or domestic, in the territorial waters of 
the United States, may inspect such vessel at any time, place 
guards thereon, and, if necessary in his opinion in order to 
secure such vessels from damage or injury, or to prevent damage 
or injury to any harbor or waters of the United States, or to 
secure the observance of the rights and obligations of the 
United States, may take, by and with the consent of the 
President, for such purposes, full possession and control of 
such vessel and remove therefrom the officers and crew thereof 
and all other persons not specially authorized by him to go or 
remain on board thereof.
  Whenever the President finds that the security of the United 
States dent. is endangered by reason of actual or threatened 
war, or invasion, or insurrection, or subversive activity, or 
of disturbances or threatened disturbances of the international 
relations of the United States, the President is authorized to 
institute such measures and issue such rules and regulations--
          (a) to govern the anchorage and movement of any 
        foreign-flag vessels in the territorial waters of the 
        United States, to inspect such vessels at any time, to 
        place guards thereon, and, if necessary in his opinion 
        in order to secure such vessels from damage or injury, 
        or to prevent damage or injury to any harbor or waters 
        of the United States, or to secure the observance of 
        rights and obligations of the United States, may take 
        for such purposes full possession and control of such 
        vessels and remove therefrom the officers and crew 
        thereof, and all other persons not especially 
        authorized by him to go or remain on board thereof;
          (b) to safeguard against destruction, loss, or injury 
        from sabotage or other subversive acts, accidents, or 
        other causes of similar nature, vessels, harbors, 
        ports, and waterfront facilities in the United States 
        and all territory and water, continental or insular, 
        subject to the jurisdiction of the United States.
The President may delegate the authority to issue such rules 
and regulations to the Secretary. Any appropriation available 
to any of the Executive Departments shall be available to carry 
out the provisions of this subchapter.

Sec. 582. Seizure and forfeiture of vessel; fine and imprisonment

  (a) In General.--If any owner, agent, master, officer, or 
person in charge, or any member of the crew of any such vessel 
fails to comply with any regulation or rule issued or order 
given under the provisions of this subchapter, or obstructs or 
interferes with the exercise of any power conferred by this 
subchapter, the vessel, together with her tackle, apparel, 
furniture, and equipment, shall be subject to seizure and 
forfeiture to the United States in the same manner as 
merchandise is forfeited for violation of the customs revenue 
laws; and the person guilty of such failure, obstruction, or 
interference shall be punished by imprisonment for not more 
than ten years and may, in the discretion of the court, be 
fined not more than $10,000.
  (b) Application to Others.--If any other person knowingly 
fails to comply with any regulation or rule issued or order 
given under the provisions of this subchapter, or knowingly 
obstructs or interferes with the exercise of any power 
conferred by this subchapter, he shall be punished by 
imprisonment for not more than ten years and may, at the 
discretion of the court, be fined not more than $10,000.
  (c) Civil Penalty.--A person violating this subchapter, or a 
regulation prescribed under this subchapter, shall be liable to 
the United States Government for a civil penalty of not more 
than $25,000 for each violation. Each day of a continuing 
violation shall constitute a separate violation.
  (d) In Rem Liability.--Any vessel that is used in violation 
of this subchapter, or of any regulation issued under this 
subchapter, shall be liable in rem for any civil penalty 
assessed pursuant to subsection (c) and may be proceeded 
against in the United States district court for any district in 
which such vessel may be found.
  (e) Withholding of Clearance.--
          (1) In general.--If any owner, agent, master, 
        officer, or person in charge of a vessel is liable for 
        a penalty or fine under subsection (c), or if 
        reasonable cause exists to believe that the owner, 
        agent, master, officer, or person in charge may be 
        subject to a penalty or fine under this section, the 
        Secretary may, with respect to such vessel, refuse or 
        revoke any clearance required by section 4197 of the 
        Revised Statutes of the United States (46 U.S.C. App. 
        91).
          (2) Clearance upon filing of bond or other surety.--
        The Secretary may require the filing of a bond or other 
        surety as a condition of granting clearance refused or 
        revoked under this subsection.

Sec. 583. Enforcement provisions

  The President may employ such departments, agencies, 
officers, or instrumentalities of the United States as he may 
deem necessary to carry out this subchapter.

Sec. 584. Definitions

  In this subchapter:
          (1) United states.--The term ``United States'' 
        includes all territory and waters, continental or 
        insular, subject to the jurisdiction of the United 
        States.
          (2) Territorial waters.--The term ``territorial 
        waters of the United States'' includes all waters of 
        the territorial sea of the United States as described 
        in Presidential Proclamation 5928 of December 27, 1988.

              CHAPTER 7--COOPERATION [WITH OTHER AGENCIES]

[Sec.
[141. Cooperation with other agencies, States, territories, and 
          political subdivisions.
[142. State Department.
[143. Treasury Department.
[144. Department of the Army and Department of the Air Force.
[145. Navy Department.
[146. United States Postal Service.
[147. Department of Commerce.
[147a. Department of Health and Human Services.
[148. Maritime instruction.
[149. Assistance to foreign governments and maritime authorities.
[150. Coast Guard officers as attaches to missions.
[151. Contracts with Government-owned establishments for work and 
          material.
[152. Nonappropriated fund instrumentalities: contracts with other 
          agencies and instrumentalities to provide or obtain goods and 
          services.
[153. Appointment of judges.
[154. Arctic maritime domain awareness.]
Sec.
701. Cooperation with other agencies, States, territories, and political 
          subdivisions.
702. State Department.
703. Treasury Department.
704. Department of the Army and Department of the Air Force.
705. Navy Department.
706. United States Postal Service.
707. Department of Commerce.
708. Department of Health and Human Services.
709. Maritime instruction.
710. Assistance to foreign governments and maritime authorities.
711. Coast Guard officers as attaches to missions.
712. Contracts with Government-owned establishments for work and 
          material.
713. Nonappropriated fund instrumentalities: contracts with other 
          agencies and instrumentalities to provide or obtain goods and 
          services.
714. Appointment of judges.
715. Arctic maritime domain awareness.
716. Oceanographic research.
717. Arctic maritime transportation.
718. Agreements.

Sec. [141]  701. Cooperation with other agencies, States, territories, 
                    and political subdivisions

  (a) The Coast Guard may, when so requested by proper 
authority, utilize its personnel and facilities (including 
members of the Auxiliary and facilities governed under chapter 
[23] 39) to assist any Federal agency, State, Territory, 
possession, or political subdivision thereof, or the District 
of Columbia, to perform any activity for which such personnel 
and facilities are especially qualified. The Commandant may 
prescribe conditions, including reimbursement, under which 
personnel and facilities may be provided under this subsection.
  (b) The Coast Guard, with the consent of the head of the 
agency concerned, may avail itself of such officers and 
employees, advice, information, and facilities of any Federal 
agency, State, Territory, possession, or political subdivision 
thereof, or the District of Columbia as may be helpful in the 
performance of its duties. In connection with the utilization 
of personal services of employees of state or local 
governments, the Coast Guard may make payments for necessary 
traveling and per diem expenses as prescribed for Federal 
employees by the standardized Government travel regulations.

Sec. [142]  702. State Department

  The Coast Guard, through the Secretary, may exchange 
information, through the Secretary of State, with foreign 
governments and suggest to the Secretary of State international 
collaboration and conferences on all matters dealing with the 
safety of life and property at sea, other than radio 
communication.

Sec. [143]  703. Treasury Department

  Commissioned, warrant, and petty officers of the Coast Guard 
are deemed to be officers of the customs and when so acting 
shall, insofar as performance of the duties relating to customs 
laws are concerned, be subject to regulations issued by the 
Secretary of the Treasury governing officers of the customs.

Sec. [144]  704. Department of the Army and Department of the Air Force

  (a) The Secretary of the Army or the Secretary of the Air 
Force at the request of the Secretary may, with or without 
reimbursement for the cost thereof, as agreed, receive members 
of the Coast Guard for instruction in any school, including any 
aviation school, maintained by the Army or the Air Force, and 
such members shall be subject to the regulations governing such 
schools.
  (b) Officers and enlisted men of the Coast Guard shall be 
permitted to purchase quartermaster supplies from the Army at 
the same price as is charged the officers and enlisted men of 
the Army.
  (c) Articles of ordnance property may be sold by the 
Secretary of the Army to officers of the Coast Guard for their 
use in the public service in the same manner as these articles 
are sold to officers of the Army.

Sec. [145]  705. Navy Department

  (a) The Secretary of the Navy, at the request of the 
Secretary may, with or without reimbursement for the cost 
thereof, as agreed:
          (1) build any vessel for the Coast Guard at such Navy 
        yards as the Secretary of the Navy may designate;
          (2) receive members of the Coast Guard for 
        instruction in any school, including any aviation 
        school maintained by the Navy, and such members shall 
        be subject to the regulations governing such schools;
          (3) permit personnel of the Coast Guard and their 
        dependents to occupy any public quarters maintained by 
        the Navy and available for the purpose; and
          (4) detail personnel from the Chaplain Corps to 
        provide services, pursuant to section 1789 of title 10, 
        to the Coast Guard.
  (b) Officers and enlisted men of the Coast Guard shall be 
permitted to purchase quartermaster supplies from the Navy and 
the Marine Corps at the same price as is charged the officers 
and enlisted men of the Navy and Marine Corps.
  (c) When the Coast Guard is operating in the Department of 
Homeland Security, the Secretary shall provide for such 
peacetime training and planning of reserve strength and 
facilities as is necessary to insure an organized, manned, and 
equipped Coast Guard when it is required for wartime operation 
in the Navy. To this end, the Secretary of the Navy for the 
Navy, and the Secretary of Homeland Security, for the Coast 
Guard, may from time to time exchange such information, make 
available to each other such personnel, vessels, facilities, 
and equipment, and agree to undertake such assignments and 
functions for each other as they may agree are necessary and 
advisable.
  (d)(1) As part of the services provided by the Secretary of 
the Navy pursuant to subsection (a)(4), the Secretary may 
provide support services to chaplain-led programs to assist 
members of the Coast Guard on active duty and their dependents, 
and members of the reserve component in an active status and 
their dependents, in building and maintaining a strong family 
structure.
          (2) In this subsection, the term ``support services'' 
        include transportation, food, lodging, child care, 
        supplies, fees, and training materials for members of 
        the Coast Guard on active duty and their dependents, 
        and members of the reserve component in an active 
        status and their dependents, while participating in 
        programs referred to in paragraph (1), including 
        participation at retreats and conferences.
          (3) In this subsection, the term ``dependents'' has 
        the same meaning as defined in section 1072(2) of title 
        10.

Sec. [146]  706. United States Postal Service

  Coast Guard facilities and personnel may be utilized for the 
transportation and delivery of mail matter during emergency 
conditions or at isolated locations under such arrangements as 
may be satisfactory to the Secretary and the United States 
Postal Service.

Sec. [147]  707. Department of Commerce

  In order to promote the safety of life and property on and 
over the high seas and waters over which the United States has 
jurisdiction, and to facilitate the preparation and 
dissemination by the National Oceanic and Atmospheric 
Administration of the weather reports, forecasts, and warnings 
essential to the safe and efficient conduct of domestic and 
international commerce on and over such seas and waters, the 
Commandant may cooperate with the Administrator, National 
Oceanic and Atmospheric Administration by procuring, 
maintaining, and making available, facilities and assistance 
for observing, investigating, and communicating weather 
phenomena and for disseminating weather data, forecasts and 
warnings, the mutually satisfactory terms of such cooperation 
in weather service to be agreed upon and arranged between the 
Commandant and the Administrator, National Oceanic and 
Atmospheric Administration.

Sec. [147a]  708. Department of Health and Human Services

  (a) The Commandant may assist the Secretary of Health and 
Human Services in providing medical emergency helicopter 
transportation services to civilians. The Commandant may 
prescribe conditions, including reimbursement, under which 
resources may be provided under this section. The following 
specific limitations apply to assistance provided under this 
section:
          (1) Assistance may be provided only in areas where 
        Coast Guard units able to provide the assistance are 
        regularly assigned. Coast Guard units may not be 
        transferred from one area to another to provide the 
        assistance.
          (2) Assistance may be provided only to the extent it 
        does not interfere with the performance of the Coast 
        Guard mission.
          (3) Providing assistance may not cause an increase in 
        amounts required for the operation of the Coast Guard.
  (b) An individual (or the estate of that individual) who is 
authorized by the Coast Guard to provide a service under a 
program established under subsection (a) and who is acting 
within the scope of that individual's duties is not liable for 
injury to, or loss of, property or personal injury or death 
that may be caused incident to providing the service.

Sec. [148]  709. Maritime instruction

  The Coast Guard may, when so requested by proper authority, 
detail members for duty in connection with maritime instruction 
and training by the several States, Territories, the District 
of Columbia, and Puerto Rico, and when requested by the 
Maritime Administrator, detail persons in the Coast Guard for 
duty in connection with maritime instruction and training by 
the United States. The service rendered by any person so 
detailed shall be considered Coast Guard duty.

Sec. [149]  710. Assistance to foreign governments and maritime 
                    authorities

  (a) Detail of Members to Assist Foreign Governments.--The 
President may upon application from the foreign governments 
concerned, and whenever in his discretion the public interests 
render such a course advisable, detail members of the Coast 
Guard to assist foreign governments in matters concerning which 
the Coast Guard may be of assistance.
  (b) Technical Assistance to Foreign Maritime Authorities.--
The Commandant, in coordination with the Secretary of State, 
may provide, in conjunction with regular Coast Guard 
operations, technical assistance (including law enforcement and 
maritime safety and security training) to foreign navies, coast 
guards, and other maritime authorities.
  (c) Grants to International Maritime Organizations.--After 
consultation with the Secretary of State, the Commandant may 
make grants to, or enter into cooperative agreements, 
contracts, or other agreements with, international maritime 
organizations for the purpose of acquiring information or data 
about merchant vessel inspections, security, safety, 
environmental protection, classification, and port state or 
flag state law enforcement or oversight.
  (d) Authorized Activities.--
          (1) The Commandant may use funds for--
                  (A) the activities of traveling contact 
                teams, including any transportation expense, 
                translation services expense, or administrative 
                expense that is related to such activities;
                  (B) the activities of maritime authority 
                liaison teams of foreign governments making 
                reciprocal visits to Coast Guard units, 
                including any transportation expense, 
                translation services expense, or administrative 
                expense that is related to such activities;
                  (C) seminars and conferences involving 
                members of maritime authorities of foreign 
                governments;
                  (D) distribution of publications pertinent to 
                engagement with maritime authorities of foreign 
                governments; and
                  (E) personnel expenses for Coast Guard 
                civilian and military personnel to the extent 
                that those expenses relate to participation in 
                an activity described in subparagraph (C) or 
                (D).
          (2) An activity may not be conducted under this 
        subsection with a foreign country unless the Secretary 
        of State approves the conduct of such activity in that 
        foreign country.
          (3) The amount of funds used under this subsection 
        may not exceed $100,000 in any fiscal year.

Sec. [150]  711. Coast Guard officers as attaches to missions

  Commissioned officers may, with the consent of the Secretary 
of State, be regularly and officially attached to the 
diplomatic missions of the United States in those nations with 
which the United States is extensively engaged in maritime 
commerce. Expenses for the maintenance of such Coast Guard 
attaches abroad, including office rental and pay of employees 
and allowances for living quarters, including heat, fuel, and 
light, may be defrayed by the Coast Guard.

Sec. [151]  712. Contracts with Government-owned establishments for 
                    work and material

  (a) In General.--All orders or contracts for work or 
material, under authorization of law, placed with Government-
owned establishments by the Coast Guard, shall be considered as 
obligations in the same manner as provided for similar orders 
or contracts placed with private contractors, and 
appropriations for such work or material shall remain available 
for payment therefor as in the case of orders or contracts 
placed with private contractors.
  (b) Orders and Agreements for Industrial Activities.--Under 
this section, the Coast Guard industrial activities may accept 
orders from and enter into reimbursable agreements with 
establishments, agencies, and departments of the Department of 
Defense and the Department of Homeland Security.

Sec. [152]  713. Nonappropriated fund instrumentalities: contracts with 
                    other agencies and instrumentalities to provide or 
                    obtain goods and services

  The Coast Guard Exchange System, or a morale, welfare, and 
recreation system of the Coast Guard, may enter into a contract 
or other agreement with any element or instrumentality of the 
Coast Guard or with another Federal department, agency, or 
instrumentality to provide or obtain goods and services 
beneficial to the efficient management and operation of the 
Coast Guard Exchange System or that morale, welfare, and 
recreation system.

Sec. [153]  714. Appointment of judges

  The Secretary may appoint civilian employees of the 
department in which the Coast Guard is operating as appellate 
military judges, available for assignment to the Coast Guard 
Court of Criminal Appeals as provided for in section 866(a) of 
title 10.

Sec. [154]  715. Arctic maritime domain awareness

  (a) In General.--The Commandant shall improve maritime domain 
awareness in the Arctic--
          (1) by promoting interagency cooperation and 
        coordination;
          (2) by employing joint, interagency, and 
        international capabilities; and
          (3) by facilitating the sharing of information, 
        intelligence, and data related to the Arctic maritime 
        domain between the Coast Guard and departments and 
        agencies listed in subsection (b).
  (b) Coordination.--The Commandant shall seek to coordinate 
the collection, sharing, and use of information, intelligence, 
and data related to the Arctic maritime domain between the 
Coast Guard and the following:
          (1) The Department of Homeland Security.
          (2) The Department of Defense.
          (3) The Department of Transportation.
          (4) The Department of State.
          (5) The Department of the Interior.
          (6) The National Aeronautics and Space 
        Administration.
          (7) The National Oceanic and Atmospheric 
        Administration.
          (8) The Environmental Protection Agency.
          (9) The National Science Foundation.
          (10) The Arctic Research Commission.
          (11) Any Federal agency or commission or State the 
        Commandant determines is appropriate.
  (c) Cooperation.--The Commandant and the head of a department 
or agency listed in subsection (b) may by agreement, on a 
reimbursable basis or otherwise, share personnel, services, 
equipment, and facilities to carry out the requirements of this 
section.
  (d) 5-year Strategic Plan.--Not later than January 1, 2016 
and every 5 years thereafter, the Commandant shall submit to 
the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives a 5-year strategic plan to 
guide interagency and international intergovernmental 
cooperation and coordination for the purpose of improving 
maritime domain awareness in the Arctic.
  (e) Definitions.--In this section the term ``Arctic'' has the 
meaning given that term in section 112 of the Arctic Research 
and Policy Act of 1984 (15 U.S.C. 4111).

Sec. [94]  716. Oceanographic research

  The Coast Guard shall conduct such oceanographic research, 
use such equipment or instruments, and collect and analyze such 
oceanographic data, in cooperation with other agencies of the 
Government, or not, as may be in the national interest.

Sec. [90]  717. Arctic maritime transportation

  (a) Purpose.--The purpose of this section is to ensure safe 
and secure maritime shipping in the Arctic including the 
availability of aids to navigation, vessel escorts, spill 
response capability, and maritime search and rescue in the 
Arctic.
  (b) International Maritime Organization Agreements.--To carry 
out the purpose of this section, the Secretary is encouraged to 
enter into negotiations through the International Maritime 
Organization to conclude and execute agreements to promote 
coordinated action among the United States, Russia, Canada, 
Iceland, Norway, and Denmark and other seafaring and Arctic 
nations to ensure, in the Arctic--
          (1) placement and maintenance of aids to navigation;
          (2) appropriate marine safety, tug, and salvage 
        capabilities;
          (3) oil spill prevention and response capability;
          (4) maritime domain awareness, including long-range 
        vessel tracking; and
          (5) search and rescue.
  (c) Coordination by Committee on the Maritime Transportation 
System.--The Committee on the Maritime Transportation System 
established under section 55501 of title 46, United States 
Code, shall coordinate the establishment of domestic 
transportation policies in the Arctic necessary to carry out 
the purpose of this section.
  (d) Agreements and Contracts.--The Secretary may, subject to 
the availability of appropriations, enter into cooperative 
agreements, contracts, or other agreements with, or make grants 
to, individuals and governments to carry out the purpose of 
this section or any agreements established under subsection 
(b).
  (e) Icebreaking.--The Secretary shall promote safe maritime 
navigation by means of icebreaking where necessary, feasible, 
and effective to carry out the purposes of this section.
  (f) Arctic Definition.--In this section, the term ``Arctic'' 
has the meaning given such term in section 112 of the Arctic 
Research and Policy Act of 1984 (15 U.S.C. 4111).

Sec. [102]  718. Agreements

  (a) In General.--In carrying out section 93(a)(4), the 
Commandant may--
          (1) enter into cooperative agreements, contracts, and 
        other agreements with--
                  (A) Federal entities;
                  (B) other public or private entities in the 
                United States, including academic entities; and
                  (C) foreign governments with the concurrence 
                of the Secretary of State; and
          (2) impose on and collect from an entity subject to 
        an agreement or contract under paragraph (1) a fee to 
        assist with expenses incurred in carrying out such 
        section.
  (b) Deposit and Use of Fees.--Fees collected under this 
section shall be deposited in the general fund of the Treasury 
as offsetting receipts. The fees may be used, to the extent 
provided in advance in an appropriation law, only to carry out 
activities under section 93(a)(4).

            CHAPTER 9--[COAST GUARD ACADEMY] ADMINISTRATION

[Sec.
[181. Administration of Academy.
[181a. Cadet applicants; preappointment travel to Academy.
[182. Cadets; number, appointment, obligation to serve.
[183. Cadets; initial clothing allowance.
[184. Cadets; degree of bachelor of science.
[185. Cadets; appointment as ensign.
[186. Civilian teaching staff.
[187. Permanent commissioned teaching staff; composition.
[188. Appointment of permanent commissioned teaching staff.
[189. Grade of permanent commissioned teaching staff.
[190. Retirement of permanent commissioned teaching staff.
[191. Credit for service as member of civilian teaching staff.
[192. Assignment of personnel as instructors.
[194. Annual Board of Visitors.
[195. Admission of foreign nationals for instruction; restrictions; 
          conditions.
[196. Participation in Federal, State, or other educational research 
          grants.
[197. Cadets: charges and fees for attendance; limitation.
[199. Marine safety curriculum.
[200. Policy on sexual harassment and sexual violence.]

                 SUBCHAPTER I-REAL AND PERSONAL PROPERTY

Sec.
901. Disposal of certain material.
902. Employment of draftsmen and engineers.
903. Use of certain appropriated funds.
904. Local hire.
905. Procurement authority for family housing.
906. Air Station Cape Cod Improvements.
907. Long-term lease of special purpose facilities.
908. Long-term lease authority for lighthouse property.
909. Small boat station rescue capability.
910. Small boat station closures.
911. Search and rescue center standards.
912. Air facility closures.
913. Turnkey selection procedures.
914. Disposition of infrastructure related to E-LORAN.

                       SUBCHAPTER II-MISCELLANEOUS

931. Oaths required for boards.
932. Administration of oaths.
933. Coast Guard ensigns and pennants.
934. Penalty for unauthorized use of words ``Coast Guard''.
935. Coast Guard band recordings for commercial sale.
936. Confidentiality of medical quality assurance records; qualified 
          immunity for participants.
937. Admiralty claims against the United States.
938. Claims for damage to property of the United States.
939. Accounting for industrial work.
940. Supplies and equipment from stock.
941. Coast Guard Supply Fund.
942. Public and commercial vessels and other watercraft; sale of fuel, 
          supplies, and services.
943. Arms and ammunition; immunity from taxation.
944. Confidential investigative expenses.
945. Assistance to film producers.
946. User fees.
947. Vessel construction bonding requirements.
948. Contracts for medical care for retirees, dependents, and survivors: 
          alternative delivery of health care.
949. Telephone installation and charges.
950. Designation, powers, and accountability of deputy disbursing 
          officials.
951. Aircraft accident investigations.

                SUBCHAPTER I--REAL AND PERSONAL PROPERTY

Sec. [641]  901. Disposal of certain material

  (a) The Commandant subject to applicable regulations under 
subtitle I of title 40 and division C (except sections 3302, 
3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 
may dispose of, with or without charge, to the Coast Guard 
Auxiliary, including any incorporated unit thereof, to the sea-
scout service of the Boy Scouts of America, and to any public 
body or private organization not organized for profit having an 
interest therein for historical or other special reasons, such 
obsolete or other material as may not be needed for the Coast 
Guard.
  (b) The Commandant may, under regulations prescribed by the 
Secretary, sell apparatus or equipment manufactured by or in 
use in the Coast Guard, which is not readily procurable in the 
open market. The money received from such sale shall be 
deposited in the Treasury to the credit of the current 
appropriation from which purchase of similar apparatus or 
equipment is authorized.
  (c)(1) The Commandant may--
                  (A) provide for the sale of recyclable 
                materials that the Coast Guard holds;
                  (B) provide for the operation of recycling 
                programs at Coast Guard installations; and
                  (C) designate Coast Guard installations that 
                have qualified recycling programs for the 
                purposes of subsection (d)(2).
          (2) Recyclable materials shall be sold in accordance 
        with sections 541-555 of title 40, except that the 
        Commandant may conduct sales of materials for which the 
        proceeds of sale will not exceed $5,000 under 
        regulations prescribed by the Commandant.
  (d)(1) Proceeds from the sale of recyclable materials at a 
Coast Guard installation shall be credited to funds available 
for operations and maintenance at that installation in amounts 
sufficient to cover operations, maintenance, recycling 
equipment, and overhead costs for processing recyclable 
materials at the installation.
          (2) If, after funds are credited, a balance remains 
        available to a Coast Guard installation and the 
        installation has a qualified recycling program, not 
        more than 50 percent of that balance may be used at the 
        installation for projects for pollution abatement, 
        energy conservation, and occupational safety and health 
        activities. The cost of the project may not be greater 
        than 50 percent of the amount permissible for a minor 
        construction project.
          (3) The remaining balance available to a Coast Guard 
        installation may be transferred to the Coast Guard 
        Morale, Welfare, and Recreation Program.
  (e) If the balance available to the Coast Guard installation 
under this section at the end of a fiscal year is in excess of 
$200,000, the amount of that excess shall be deposited in the 
general fund of the Treasury as offsetting receipts of the 
Department in which the Coast Guard is operating and ascribed 
to Coast Guard activities.

Sec. [653]  902. Employment of draftsmen and engineers

  The Coast Guard may employ temporarily, at the seat of 
government, draftsmen and engineers for the preparation of 
plans and specifications for vessels, lighthouses, aids to 
navigation, and other projects for the Coast Guard that may be 
authorized or appropriated for by Congress, to be paid from the 
appropriations applicable to such projects.

Sec. [656]  903. Use of certain appropriated funds

  (a) Funds appropriated to or for the use of the Coast Guard 
for acquisition, construction, and improvement of facilities, 
for research, development, test, and evaluation; and for the 
alteration of bridges over the navigable waters shall remain 
available until expended.
  (b) The Secretary may use any funds appropriated to or for 
the use of the Coast Guard for other construction purposes to 
restore, repair, or replace facilities that have been damaged 
or destroyed, including acquisition of sites.
  (c) The Secretary may use any funds appropriated to or for 
the use of the Coast Guard for other construction purposes to 
acquire, construct, convert, extend, and install at Coast Guard 
installations and facilities, needed permanent or temporary 
public works, including the preparation of sites and the 
furnishing of appurtenances, utilities, and equipment, but 
excluding the construction of family quarters, costing not more 
than $200,000 for any one project.
  (d) Minor Construction and Improvement.--
          (1) In general.--Subject to the reporting 
        requirements set forth in paragraph (2), each fiscal 
        year the Secretary may expend from amounts made 
        available for the operating expenses of the Coast Guard 
        not more than $1,500,000 for minor construction and 
        improvement projects at any location.
          (2) Report.--Not later than the date on which the 
        President submits to Congress a budget under section 
        1105 of title 31 each year, the Secretary shall submit 
        to the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate a 
        report describing each project carried out under 
        paragraph (1), in the most recently concluded fiscal 
        year, for which the amount expended under such 
        paragraph for such project was more than $1,000,000. If 
        no such project was carried out during a fiscal year, 
        no report under this paragraph shall be required with 
        respect to that fiscal year.

Sec. [666]  904. Local hire

  (a) Notwithstanding any other law, each contract awarded by 
the Coast Guard for construction or services to be performed in 
whole or in part in a State that has an unemployment rate in 
excess of the national average rate of unemployment (as 
determined by the Secretary of Labor) shall include a provision 
requiring the contractor to employ, for the purpose of 
performing that portion of the contract in that State, 
individuals who are local residents and who, in the case of any 
craft or trade, possess or would be able to acquire promptly 
the necessary skills. The Secretary of the department in which 
the Coast Guard is operating may waive the requirements of this 
subsection in the interest of national security or economic 
efficiency.
  (b) Local Resident Defined As used in this section, ``local 
resident'' means a resident of, or an individual who commutes 
daily to, a State described in subsection (a).

Sec. [670]  905. Procurement authority for family housing

  (a) The Secretary is authorized--
          (1) to acquire, subject to the availability of 
        appropriations sufficient to cover its full 
        obligations, real property or interests therein by 
        purchase, lease for a term not to exceed 5 years, or 
        otherwise, for use as Coast Guard family housing units, 
        including the acquisition of condominium units, which 
        may include the obligation to pay maintenance, repair, 
        and other condominium-related fees; and
          (2) to dispose of by sale, lease, or otherwise, any 
        real property or interest therein used for Coast Guard 
        family housing units for adequate consideration.
  (b)(1) For the purposes of this section, a multiyear contract 
is a contract to lease Coast Guard family housing units for at 
least one, but not more than 5, fiscal years.
          (2) The Secretary may enter into multiyear contracts 
        under subsection (a) of this section whenever the Coast 
        Guard finds that--
                  (A) the use of a contract will promote the 
                efficiency of the Coast Guard family housing 
                program and will result in reduced total costs 
                under the contract; and
                  (B) there are realistic estimates of both the 
                cost of the contract and the anticipated cost 
                avoidance through the use of a multiyear 
                contract.
          (3) A multiyear contract authorized under subsection 
        (a) of this section shall contain cancellation and 
        termination provisions to the extent necessary to 
        protect the best interests of the United States, and 
        may include consideration of both recurring and 
        nonrecurring costs. The contract may provide for a 
        cancellation payment to be made. Amounts that were 
        originally obligated for the cost of the contract may 
        be used for cancellation or termination costs.

Sec. [671]  906. Air Station Cape Cod Improvements

  The Secretary may expend funds for the repair, improvement, 
restoration, or replacement of those federally or nonfederally 
owned support buildings, including appurtenances, which are on 
leased or permitted real property constituting Coast Guard Air 
Station Cape Cod, located on Massachusetts Military 
Reservation, Cape Cod, Massachusetts.

Sec. [672]  907. Long-term lease of special purpose facilities

  (a) The Secretary is authorized, subject to the availability 
of appropriations, to enter into lease agreements to acquire 
real property or interests therein for a term not to exceed 20 
years, inclusive of any automatic renewal clauses, for special 
purpose facilities, including, aids to navigation (hereafter in 
this section referred to as ``ATON'') sites, vessel traffic 
service (hereafter in this section referred to as ``VTS'') 
sensor sites, or National Distress System (hereafter in this 
section referred to as ``NDS'') high level antenna sites. These 
lease agreements shall include cancellation and termination 
provisions to the extent necessary to protect the best 
interests of the United States. Cancellation payment provisions 
may include consideration of both recurring and nonrecurring 
costs associated with the real property interests under the 
contract. These lease agreements may provide for a cancellation 
payment to be made. Amounts that were originally obligated for 
the cost of the contract may be used for cancellation or 
termination costs.
  (b) For purposes of this section, the term ``special purpose 
facilities'' means any facilities used to carry out Coast Guard 
aviation, maritime, or navigation missions other than general 
purpose office and storage space facilities.
  (c) In the case of ATON, VTS, or NDS sites, the Secretary may 
enter into multiyear lease agreements under subsection (a) of 
this section whenever the Secretary finds that--
          (1) the use of such a lease agreement will promote 
        the efficiency of the ATON, VTS, or NDS programs and 
        will result in reduced total costs under the agreement;
          (2) the minimum need for the real property or 
        interest therein to be leased is expected to remain 
        substantially unchanged during the contemplated lease 
        period; and
          (3) the estimates of both the cost of the lease and 
        the anticipated cost avoidance through the use of a 
        multiyear lease are realistic.

Sec. [672a]  908. Long-term lease authority for lighthouse property

  (a) The Commandant of the Coast Guard may lease to non-
Federal entities, including private individuals, lighthouse 
property under the administrative control of the Coast Guard 
for terms not to exceed 30 years. Consideration for the use and 
occupancy of lighthouse property leased under this section, and 
for the value of any utilities and services furnished to a 
lessee of such property by the Commandant, may consist, in 
whole or in part, of non-pecuniary remuneration including the 
improvement, alteration, restoration, rehabilitation, repair, 
and maintenance of the leased premises by the lessee. Section 
321 of chapter 314 of the Act of June 30, 1932 (40 U.S.C. 303b) 
shall not apply to leases issued by the Commandant under this 
section.
  (b) Amounts received from leases made under this section, 
less expenses incurred, shall be deposited in the fund 
established under section 687.

Sec. [674]  909. Small boat station rescue capability

  The Secretary shall ensure that each Coast Guard small boat 
station (including a seasonally operated station) maintains, 
within the area of responsibility for the station, at least 1 
vessel that is fully capable of performing offshore rescue 
operations, taking into consideration prevailing weather, 
marine conditions, and depositional geologic features such as 
sand bars.

Sec. [675]  910. Small boat station closures

  (a) Closures The Secretary may not close a Coast Guard 
multimission small boat station or subunit unless the 
Secretary--
          (1) determines that--
                  (A) remaining search and rescue capabilities 
                maintain the safety of the maritime public in 
                the area of the station or subunit;
                  (B) regional or local prevailing weather and 
                marine conditions, including water temperature 
                or unusual tide and current conditions, do not 
                require continued operation of the station or 
                subunit; and
                  (C) Coast Guard search and rescue standards 
                related to search and rescue response times are 
                met; and
          (2) provides an opportunity for public comment and 
        for public meetings in the area of the station or 
        subunit with regard to the decision to close the 
        station or subunit.
  (b) Operational Flexibility The Secretary may implement any 
management efficiencies within the small boat station system, 
such as modifying the operational posture of units or 
reallocating resources as necessary to ensure the safety of the 
maritime public nationwide. No stations or subunits may be 
closed under this subsection except in accordance with 
subsection (a).

Sec. [676]  911. Search and rescue center standards

  (a) The Secretary shall establish, implement, and maintain 
the minimum standards necessary for the safe operation of all 
Coast Guard search and rescue center facilities, including with 
respect to the following:
          (1) The lighting, acoustics, and temperature in the 
        facilities.
          (2) The number of individuals on a shift in the 
        facility assigned search and rescue responsibilities 
        (including communications), which may be adjusted based 
        on seasonal workload.
          (3) The length of time an individual may serve on 
        watch to minimize fatigue, based on the best scientific 
        information available.
          (4) The scheduling of individuals having search and 
        rescue responsibilities to minimize fatigue of the 
        individual when on duty in the facility.
          (5) The workload of each individual engaged in search 
        and rescue responsibilities in the facility.
          (6) Stress management for the individuals assigned 
        search and rescue responsibilities in the facilities.
          (7) The design of equipment and facilities to 
        minimize fatigue and enhance search and rescue 
        operations.
          (8) The acquisition and maintenance of interim search 
        and rescue command center communications equipment.
          (9) Any other requirements that the Secretary 
        believes will increase the safe operation of the search 
        and rescue centers.
  (b) Sense of Congress It is the sense of the Congress that 
the Secretary should establish, implement, and maintain minimum 
standards necessary to ensure that an individual on duty or 
watch in a Coast Guard search and rescue command center 
facility does not work more than 12 hours in a 24-hour period, 
except in an emergency or unforeseen circumstances.
  (c) Definition For the purposes of this section, the term 
``search and rescue center facility'' means a Coast Guard shore 
facility that maintains a search and rescue mission 
coordination and communications watch.

Sec. [676a]  912. Air facility closures

  (a) Prohibition
          (1) In general The Coast Guard may not--
                  (A) close a Coast Guard air facility that was 
                in operation on November 30, 2014; or
                  (B) retire, transfer, relocate, or deploy an 
                aviation asset from an air facility described 
                in subparagraph (A) for the purpose of closing 
                such facility.
          (2) Sunset Paragraph (1) shall have no force or 
        effect beginning on the later of--
                  (A) January 1, 2018; or
                  (B) the date on which the Secretary submits 
                to the Committee on Transportation and 
                Infrastructure of the House of Representatives, 
                and to the Committee on Commerce, Science, and 
                Transportation of the Senate, rotary wing 
                strategic plans prepared in accordance with 
                section 208(b) of the Coast Guard Authorization 
                Act of 2016.
  (b) Closures
          (1) In general Beginning on January 1, 2018, the 
        Secretary may not close a Coast Guard air facility, 
        except as specified by this section.
          (2) Determinations The Secretary may not propose 
        closing or terminating operations at a Coast Guard air 
        facility unless the Secretary determines that--
                  (A) remaining search and rescue capabilities 
                maintain the safety of the maritime public in 
                the area of the air facility;
                  (B) regional or local prevailing weather and 
                marine conditions, including water temperatures 
                or unusual tide and current conditions, do not 
                require continued operation of the air 
                facility; and
                  (C) Coast Guard search and rescue standards 
                related to search and response times are met.
          (3) Public notice and comment Prior to closing an air 
        facility, the Secretary shall provide opportunities for 
        public comment, including the convening of public 
        meetings in communities in the area of responsibility 
        of the air facility with regard to the proposed closure 
        or cessation of operations at the air facility.
          (4) Notice to congress Prior to closure, cessation of 
        operations, or any significant reduction in personnel 
        and use of a Coast Guard air facility that is in 
        operation on or after December 31, 2015, the Secretary 
        shall--
                  (A) submit to the Congress a proposal for 
                such closure, cessation, or reduction in 
                operations along with the budget of the 
                President submitted to Congress under section 
                1105(a) of title 31 for the fiscal year in 
                which the action will be carried out; and
                  (B) not later than 7 days after the date a 
                proposal for an air facility is submitted 
                pursuant to subparagraph (A), provide written 
                notice of such proposal to each of the 
                following:
                          (i) Each member of the House of 
                        Representatives who represents a 
                        district in which the air facility is 
                        located.
                          (ii) Each member of the Senate who 
                        represents a State in which the air 
                        facility is located.
                          (iii) Each member of the House of 
                        Representatives who represents a 
                        district in which assets of the air 
                        facility conduct search and rescue 
                        operations.
                          (iv) Each member of the Senate who 
                        represents a State in which assets of 
                        the air facility conduct search and 
                        rescue operations.
                          (v) The Committee on Appropriations 
                        of the House of Representatives.
                          (vi) The Committee on Transportation 
                        and Infrastructure of the House of 
                        Representatives.
                          (vii) The Committee on Appropriations 
                        of the Senate.
                          (viii) The Committee on Commerce, 
                        Science, and Transportation of the 
                        Senate.
  (c) Operational Flexibility The Secretary may implement any 
reasonable management efficiencies within the air station and 
air facility network, such as modifying the operational posture 
of units or reallocating resources as necessary to ensure the 
safety of the maritime public nationwide.

Sec. [677]  913. Turnkey selection procedures

  (a) Authority to Use The Secretary may use one-step turnkey 
selection procedures for the purpose of entering into contracts 
for construction projects.
  (b) Definitions In this section, the following definitions 
apply:
          (1) The term ``one-step turnkey selection 
        procedures'' means procedures used for the selection of 
        a contractor on the basis of price and other evaluation 
        criteria to perform, in accordance with the provisions 
        of a firm fixed-price contract, both the design and 
        construction of a facility using performance 
        specifications supplied by the Secretary.
          (2) The term ``construction'' includes the 
        construction, procurement, development, conversion, or 
        extension of any facility.
          (3) The term ``facility'' means a building, 
        structure, or other improvement to real property.

Sec. [681]  914. Disposition of infrastructure related to E-LORAN

  (a) In General The Secretary may not carry out activities 
related to the dismantling or disposal of infrastructure 
comprising the LORAN-C system until the date on which the 
Secretary provides to the Committee on Transportation and 
Infrastructure and the Committee on Appropriations of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation and the Committee on Appropriations of the 
Senate notice of a determination by the Secretary that such 
infrastructure is not required to provide a positioning, 
navigation, and timing system to provide redundant capability 
in the event the Global Positioning System signals are 
disrupted.
  (b) Exception Subsection (a) does not apply to activities 
necessary for the safety of human life.
  (c) Disposition of Property
          (1) In general On any date after the notification is 
        made under subsection (a), the Administrator of General 
        Services, acting on behalf of the Secretary, may, 
        notwithstanding any other provision of law, sell any 
        real and personal property under the administrative 
        control of the Coast Guard and used for the LORAN-C 
        system, subject to such terms and conditions that the 
        Secretary believes to be necessary to protect 
        government interests and program requirements of the 
        Coast Guard.
          (2) Availability of proceeds
                  (A) Availability of proceeds The proceeds of 
                such sales, less the costs of sale incurred by 
                the General Services Administration, shall be 
                deposited as offsetting collections into the 
                Coast Guard ``Environmental Compliance and 
                Restoration'' account and, without further 
                appropriation, shall be available until 
                expended for--
                          (i) environmental compliance and 
                        restoration purposes associated with 
                        the LORAN-C system;
                          (ii) the costs of securing and 
                        maintaining equipment that may be used 
                        as a backup to the Global Positioning 
                        System or to meet any other Federal 
                        navigation requirement;
                          (iii) the demolition of improvements 
                        on such real property; and
                          (iv) the costs associated with the 
                        sale of such real and personal 
                        property, including due diligence 
                        requirements, necessary environmental 
                        remediation, and reimbursement of 
                        expenses incurred by the General 
                        Services Administration.
                  (B) Other environmental compliance and 
                restoration activities After the completion of 
                activities described in subparagraph (A), the 
                unexpended balances of such proceeds shall be 
                available for any other environmental 
                compliance and restoration activities of the 
                Coast Guard.

                      SUBCHAPTER II--MISCELLANEOUS

Sec. [635]  931. Oaths required for boards

  The members of a retiring board, selection board, examining 
board, and any other board authorized to be assembled pursuant 
to this title shall be sworn to discharge their duties honestly 
and impartially, the oath to be administered to the members by 
the President or other presiding officer of the board, and to 
him by the junior member or recorder.

Sec. [636]  932. Administration of oaths

  (a) Such commissioned and warrant officers of the Coast Guard 
as may be designated by the Commandant may, pursuant to rules 
prescribed by the Commandant, exercise the general powers of a 
notary public in the administration of oaths for the following 
purposes:
          (1) execution, acknowledgment, and attestation of 
        instruments and papers, oaths of allegiance in 
        connection with recruiting, oaths in connection with 
        courts and boards, and all other notarial acts in 
        connection with the proper execution of Coast Guard 
        functions;
          (2) execution, acknowledgment, and attestation of 
        instruments and papers, and all other notarial acts in 
        time of war or national emergency; and
          (3) execution, acknowledgment, and attestation of 
        instruments and papers, and all other notarial acts in 
        Alaska and places beyond the continental limits of the 
        United States where the Coast Guard is serving.
  (b) No fee of any character shall be charged by any 
commissioned or warrant officer for performing notarial acts. 
The signature and indication of grade of any commissioned or 
warrant officer performing any notarial act shall be prima 
facie evidence of his authority.

Sec. [638]  933. Coast Guard ensigns and pennants

  (a) Vessels and aircraft authorized by the Secretary shall be 
distinguished from other vessels and aircraft by an ensign, 
pennant, or other identifying insignia of such design as 
prescribed by the Secretary. Such ensign, pennant, or other 
identifying insignia shall be displayed in accordance with 
regulations prescribed by the Secretary.
  (b) No vessel or aircraft without authority shall carry, 
hoist, or display any ensign, pennant, or other identifying 
insignia prescribed for, or intended to resemble, any ensign, 
pennant, or other identifying insignia prescribed for Coast 
Guard vessels or aircraft. Every person violating this 
subsection shall be fined not more than $5,000, or imprisoned 
for not more than two years, or both.

Sec. [639]  934. Penalty for unauthorized use of words ``Coast Guard''

  No individual, association, partnership, or corporation 
shall, without authority of the Commandant, use the combination 
of letters ``USCG'' or ``USCGR'', the words ``Coast Guard,'' 
``United States Coast Guard,'' ``Coast Guard Reserve,'' 
``United States Coast Guard Reserve,'' ``Coast Guard 
Auxiliary,'' ``United States Coast Guard Auxiliary,'' 
``Lighthouse Service,'' ``Life Saving Service,'' or any 
combination or variation of such letters or words alone or with 
other letters or words, as the name under which he or it shall 
do business, for the purpose of trade, or by way of 
advertisement to induce the effect of leading the public to 
believe that any such individual, association, partnership, or 
corporation has any connection with the Coast Guard. No 
individual, association, partnership, or corporation shall 
falsely advertise, or otherwise represent falsely by any device 
whatsoever, that any project or business in which he or it is 
engaged, or product which he or it manufactures, deals in, or 
sells, has been in any way endorsed, authorized, or approved by 
the Coast Guard. Every person violating this section shall be 
fined not more than $10,000, or imprisoned not more than one 
year, or both.

Sec. [640]  935. Coast Guard band recordings for commercial sale

  (a) The Coast Guard band may produce recordings for 
commercial sale.
  (b) Amounts received as proceeds from the sale of any such 
recordings may be credited to applicable appropriations of the 
Coast Guard for expenses of the Coast Guard band.
  (c) The Secretary shall prescribe regulations governing the 
accounting of such proceeds.

Sec. [645]  936. Confidentiality of medical quality assurance records; 
                    qualified immunity for participants

  (a) In this section--
          (1) ``medical quality assurance program'' means any 
        activity carried out by or for the Coast Guard to 
        assess the quality of medical care, including 
        activities conducted by individuals, military medical 
        or dental treatment facility committees, or other 
        review bodies responsible for quality assurance, 
        credentials, infection control, patient care assessment 
        (including treatment procedures, blood, drugs, and 
        therapeutics) medical records, health resources 
        management review and identification and prevention of 
        medical or dental incidents and risks.
          (2) ``medical quality assurance record'' means the 
        proceedings, records, minutes, and reports that emanate 
        from quality assurance program activities described in 
        paragraph (1) and are produced or compiled by the Coast 
        Guard as part of a medical quality assurance program.
          (3) ``health care provider'' means any military or 
        civilian health care professional who, under 
        regulations prescribed by the Secretary, is granted 
        clinical practice privileges to provide health care 
        services in a military medical or dental treatment 
        facility or who is licensed or certified to perform 
        health care services by a governmental board or agency 
        or professional health care society or organization.
  (b) Medical quality assurance records created by or for the 
Coast Guard as part of a medical quality assurance program are 
confidential and privileged. The records may not be disclosed 
to any person or entity except as provided in subsection (d).
  (c)(1) Medical quality assurance records are not subject to 
discovery and may not be admitted into evidence in any judicial 
or administrative proceeding, except as provided in subsection 
(d).
          (2) Except as provided in this section, an individual 
        who reviews or creates medical quality assurance 
        records for the Coast Guard or who participates in any 
        proceeding that reviews or creates the records may not 
        testify in any judicial or administrative proceeding 
        with respect to the records or with respect to any 
        finding, recommendation, evaluation, opinion, or action 
        taken by that person in connection with the records.
  (d)(1) Subject to paragraph (2), a medical quality assurance 
record may be disclosed, and an individual referred to in 
subsection (c) may testify in connection with a record only as 
follows:
                  (A) To a Federal executive agency or private 
                organization, if necessary to license, 
                accredit, or monitor Coast Guard health care 
                facilities.
                  (B) To an administrative or judicial 
                proceeding commenced by a present or former 
                Coast Guard or Coast Guard assigned Public 
                Health Service health care provider concerning 
                the termination, suspension, or limitation of 
                clinical privileges of the health care 
                provider.
                  (C) To a governmental board or agency or to a 
                professional health care society or 
                organization, if necessary to perform 
                licensing, or privileging, or to monitor 
                professional standards for a health care 
                provider who is or was a member or an employee 
                of the Coast Guard or the Public Health Service 
                assigned to the Coast Guard.
                  (D) To a hospital, medical center, or other 
                institution that provides health care services, 
                if necessary to assess the professional 
                qualifications of any health care provider who 
                is or was a member or employee of the Coast 
                Guard or the Public Health Service assigned to 
                the Coast Guard and who has applied for or been 
                granted authority or employment to provide 
                health care services in or on behalf of the 
                institution.
                  (E) To an officer, member, employee, or 
                contractor of the Coast Guard or the Public 
                Health Service assigned to the Coast Guard if 
                for official purposes.
                  (F) To a criminal or civil law enforcement 
                agency or instrumentality charged under 
                applicable law with the protection of the 
                public health or safety, if a qualified 
                representative of the agency or instrumentality 
                makes a written request that the record or 
                testimony be provided for a purpose authorized 
                by law.
                  (G) In an administrative or judicial 
                proceeding commenced by a criminal or civil law 
                enforcement agency or instrumentality referred 
                to in subparagraph (F), but only with respect 
                to the subject of the proceeding.
          (2) Except in a quality assurance action, the 
        identity of any individual receiving health care 
        services from the Coast Guard or the identity of any 
        other individual associated with the agency for the 
        purposes of a medical quality assurance program that is 
        disclosed in a medical quality assurance record shall 
        be deleted from that record or document before any 
        disclosure of the record is made outside the Coast 
        Guard. This requirement does not apply to the release 
        of information under section 552a of title 5.
  (e) Except as provided in this section, a person having 
possession of or access to a record or testimony described by 
this section may not disclose the contents of the record or 
testimony.
  (f) Medical quality assurance records may not be made 
available to any person under section 552 of title 5.
  (g) An individual who participates in or provides information 
to an individual that reviews or creates medical quality 
assurance records is not civilly liable for participating or 
providing the information if the participation or provision of 
information was in good faith based on prevailing professional 
standards at the time the medical quality assurance program 
activity took place.
  (h) Nothing in this section shall be construed as--
          (1) authority to withhold from any person aggregate 
        statistical information regarding the results of Coast 
        Guard medical quality assurance programs;
          (2) authority to withhold any medical quality 
        assurance record from a committee of either House of 
        Congress, any joint committee of Congress, or the 
        Government Accountability Office if the record pertains 
        to any matter within their respective jurisdictions;
          (3) limiting access to the information in a record 
        created and maintained outside a medical quality 
        assurance program, including a patient's medical 
        records, on the grounds that the information was 
        presented during meetings of a review body that are 
        part of a medical quality assurance program.
  (i) Except as otherwise provided in this section, an 
individual who willfully discloses a medical quality assurance 
record knowing that the record is a medical quality assurance 
record, is liable to the United States Government for a civil 
penalty of not more than $3,000 in the case of a first offense 
and not more than $20,000 in the case of a subsequent offense.

Sec. [646]  937. Admiralty claims against the United States

  (a) The Secretary may consider, ascertain, adjust, determine, 
compromise, or settle, and pay in an amount not more than 
$100,000, an admiralty claim against the United States for--
          (1) damage caused by a vessel in the Coast Guard 
        service or by other property under the jurisdiction of 
        the Department in which the Coast Guard is operating;
          (2) compensation for towage and salvage services, 
        including contract salvage, rendered to a vessel in the 
        Coast Guard service or to other property under the 
        jurisdiction of the Department in which the Coast Guard 
        is operating; or
          (3) damage caused by a maritime tort committed by an 
        agent or employee of the Department in which the Coast 
        Guard is operating or by property under the 
        jurisdiction of that Department.
  (b) Upon acceptance of payment by the claimant, the 
settlement or compromise of a claim under this section is final 
and conclusive notwithstanding any other law.
  (c) If a claim under this section is settled or compromised 
for more than $100,000, the Secretary shall certify it to 
Congress.

Sec. [647]  938. Claims for damage to property of the United States

  The Secretary may consider, ascertain, adjust, determine, 
compromise, or settle claims for damage cognizable in admiralty 
in a district court of the United States and all claims for 
damage caused by a vessel or floating object, to property of 
the United States under the jurisdiction of the Coast Guard or 
property for which the Coast Guard may have assumed, by 
contract or otherwise, any obligation to respond for damage 
thereto. The Secretary is further authorized to receive in 
payment of any such claim the amount due the United States 
pursuant to determination, compromise, or settlement as herein 
authorized and, upon acceptance of such payment but not until 
then, such determination, settlement, or compromise of such 
claim shall be final and conclusive for all purposes, any law 
to the contrary notwithstanding. All such payments shall be 
deposited in the Treasury of the United States as miscellaneous 
receipts. The Secretary is further authorized to execute on 
behalf of the United States and to deliver in exchange for such 
payment a full release of such claim. This section, as respects 
the determination, compromise, settlement, and payment of 
claims, shall be supplementary to, and not in lieu of, all 
other provisions of law authorizing the determination, 
compromise, or settlement of claims for damage to property 
hereinabove described. No settlement or compromise where there 
is involved a payment in the net amount of over $100,000 is 
authorized by this section.

Sec. [648]  939. Accounting for industrial work

  The Secretary may prescribe regulations governing accounting 
for industrial work, including charges for overhead for 
civilian labor and for maintenance of industrial plant and 
equipment, performed at the Coast Guard Yard or such similar 
Coast Guard industrial establishments as he may designate. Any 
orders placed for such industrial work shall be covered by a 
transfer or advance of funds to cover the estimated cost 
thereof, and shall be credited to such accounts as may be 
necessary and established by the Secretary to carry out the 
provisions of this section. Accounts so established shall be 
available for materials, supplies, or equipment, and civilian 
labor, including overhead and maintenance, required in 
performing the work ordered. Upon completion of an order an 
adjustment will be made to make the amount transferred or 
advanced equal to the actual cost as computed in accordance 
with the accounting regulations prescribed by the Secretary.

Sec. [649]  940. Supplies and equipment from stock

  Supplies and equipment for special work of the Coast Guard 
may be furnished from general stock and the applicable 
appropriation reimbursed therefor from the respective 
appropriations for such special work.

Sec. [650]  941. Coast Guard Supply Fund

  (a) A Coast Guard Supply Fund is authorized. The Secretary 
may prescribe regulations for designating the classification of 
materials to be stocked. In these regulations, whenever the 
fund is extended to include items not previously stocked, or 
spare parts obtained as part of a procurement under a different 
account of major items such as vessels or aircraft, whether or 
not such parts were previously stocked, the Secretary may 
authorize an increase in the existing capital of the fund by 
the value of such usable materials transferred thereto from 
Coast Guard inventories carried in other accounts. Except for 
the materials so transferred, the fund shall be charged with 
the cost of materials purchased or otherwise acquired. The fund 
shall be credited with the value of materials consumed, issued 
for use, sold, or otherwise disposed of, such values to be 
determined on a basis that will approximately cover the cost 
thereof.
  (b) Obligations may, without regard to fiscal year 
limitations, be incurred against anticipated reimbursement to 
the Coast Guard Supply Fund in such amount and for such period, 
as the Secretary, with approval of the Director of the Office 
of Management and Budget, may determine to be necessary to 
maintain stock levels consistently with planned operations for 
the next year.

Sec. [654]  942. Public and commercial vessels and other watercraft; 
                    sale of fuel, supplies, and services

  The Secretary under such regulations as he may prescribe, may 
sell to public and commercial vessels and other watercraft, 
such fuel, supplies and furnish such services as may be 
required to meet the necessities of the vessel or watercraft if 
such vessel or watercraft is unable--
          (1) to procure the fuel, supplies, or services from 
        other sources at its present location; and
          (2) to proceed to the nearest port where they may be 
        obtained without endangering the safety of the ship, 
        the health and comfort of its personnel, or the safe 
        condition of the property carried aboard.
Sales under this section shall be at such prices as the 
Secretary considers reasonable. Payment will be made on a cash 
basis or on such other basis as will reasonably assure prompt 
payment. Amounts received from such a sale shall, unless 
otherwise directed by another provision of law, be credited to 
the current appropriation concerned and are available for the 
same purposes as that appropriation.

Sec. [655]  943. Arms and ammunition; immunity from taxation

  No tax on the sale or transfer of firearms, pistols, 
revolvers, shells, or cartridges may be imposed on such 
articles when bought with funds appropriated for the Coast 
Guard.

Sec. [658]  944. Confidential investigative expenses

  Not more than $45,000 each fiscal year appropriated for 
necessary expenses for the operation of the Coast Guard shall 
be available for investigative expenses of a confidential 
character, to be expended on the approval or authority of the 
Commandant and payment to be made on his certificate of 
necessity for confidential purposes, and his determination 
shall be final and conclusive upon the accounting officers of 
the Government.

Sec. [659]  945. Assistance to film producers

  (a) Notwithstanding any other provision of law, when the 
Secretary determines that it is appropriate, and that it will 
not interfere with Coast Guard missions, the Secretary may 
conduct operations with Coast Guard vessels, aircraft, 
facilities, or personnel, in such a way as to give assistance 
to film producers. As used in this section, ``film producers'' 
includes commercial or noncommercial producers of material for 
cinema, television, or videotape.
  (b) The Secretary shall keep account of costs incurred as a 
result of providing assistance to film producers, not including 
costs which would otherwise be incurred in Coast Guard 
operations or training, or shall estimate such costs in 
advance, and such costs shall be paid to the Secretary by the 
film producers who request such assistance, on terms determined 
by the Secretary. The Secretary may waive costs not exceeding 
$200 for one production, and may waive other costs related to 
noncommercial productions which the Secretary determines to be 
in the public interest. The Secretary shall reimburse the 
amounts collected under this section to the Coast Guard 
appropriation account under which the costs were incurred.

Sec. [664]  946. User fees

  (a) A fee or charge for a service or thing of value provided 
by the Coast Guard shall be prescribed as provided in section 
9701 of title 31.
  (b) Amounts collected by the Secretary for a service or thing 
of value provided by the Coast Guard shall be deposited in the 
general fund of the Treasury as proprietary receipts of the 
department in which the Coast Guard is operating and ascribed 
to Coast Guard activities.
  (c) In addition to the collection of fees and charges 
established under this section, the Secretary may recover from 
the person liable for the fee or charge the costs of collecting 
delinquent payments of the fee or charge, and enforcement costs 
associated with delinquent payments of the fees and charges.
  (d)(1) The Secretary may employ any Federal, State, or local 
agency or instrumentality, or any private enterprise or 
business, to collect a fee or charge established under this 
section.
          (2) A private enterprise or business employed by the 
        Secretary to collect fees or charges--
                  (A) shall be subject to reasonable terms and 
                conditions agreed to by the Secretary and the 
                enterprise or business;
                  (B) shall provide appropriate accounting to 
                the Secretary; and
                  (C) may not institute litigation as part of 
                that collection.
  (e)(1) In addition to the collection of fees and charges 
established under this section, in the provision of a service 
or thing of value by the Coast Guard the Secretary may accept 
in-kind transportation, travel, and subsistence.
          (2) The value of in-kind transportation, travel, and 
        subsistence accepted under this paragraph may not 
        exceed applicable per diem rates set forth in 
        regulations prescribed under section 464 of title 37.
  (f) The Secretary shall account for the agency's costs of 
collecting a fee or charge as a reimbursable expense, subject 
to the availability of appropriations, and the costs shall be 
credited to the account from which expended.
  (g) Before January 1 of each year, the Secretary shall submit 
a report to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate that includes--
          (1) a verification of each activity for which a fee 
        or charge is collected under any law stating--
                  (A) the amount collected in the prior fiscal 
                year; and
                  (B) that the amount spent on that activity in 
                that fiscal year is not less than the amount 
                collected; and
          (2) the amount expected to be collected under any law 
        in the current fiscal year for each activity for which 
        a fee or charge is expected to be collected.
  (h) In this section the term ``costs of collecting a fee or 
charge'' includes the reasonable administrative, accounting, 
personnel, contract, equipment, supply, training, and travel 
expenses of calculating, assessing, collecting, enforcing, 
reviewing, adjusting, and reporting on a fee or charge.

Sec. [667]  947. Vessel construction bonding requirements

  The Secretary or the Commandant may require bid, payment, 
performance, payment and performance, or completion bonds or 
other financial instruments from contractors for construction, 
alteration, repair, or maintenance of Coast Guard vessels if--
          (1) the bond is required by law; or
          (2) the Secretary or Commandant determines after 
        investigation that the amount of the bond in excess of 
        20 percent of the value of the base contract quantity 
        excluding options, would not prevent a responsible 
        bidder or offeror from competing for award of the 
        contract.

Sec. [668]  948. Contracts for medical care for retirees, dependents, 
                    and survivors: alternative delivery of health care

  (a) The Secretary may contract for the delivery of health 
care to which covered beneficiaries are entitled under chapter 
55 of title 10. The Secretary may enter into a contract under 
this section with any of the following:
          (1) Health maintenance organizations.
          (2) Preferred provider organizations.
          (3) Individual providers, individual medical 
        facilities, or insurers.
          (4) Consortiums of these providers, facilities, or 
        insurers.
  (b) A contract entered into under this section may provide 
for the delivery of--
          (1) selected health care services;
          (2) total health care services for selected covered 
        beneficiaries; or
          (3) total health care services for all covered 
        beneficiaries who reside in a geographic area 
        designated by the Secretary.
  (c) The Secretary may prescribe a premium, deductible, 
copayment, or other change for health care provided under this 
section.

Sec. [669]  949. Telephone installation and charges

  Under regulations prescribed by the Secretary, amounts 
appropriated to the Department of Homeland Security are 
available to install, repair, and maintain telephone wiring in 
residences owned or leased by the United States Government and, 
if necessary for national defense purposes in other private 
residences.

Sec. [673]  950. Designation, powers, and accountability of deputy 
                    disbursing officials

  (a)(1) Subject to paragraph (3), a disbursing official of the 
Coast Guard may designate a deputy disbursing official--
                  (A) to make payments as the agent of the 
                disbursing official;
                  (B) to sign checks drawn on disbursing 
                accounts of the Secretary of the Treasury; and
                  (C) to carry out other duties required under 
                law.
          (2) The penalties for misconduct that apply to a 
        disbursing official apply to a deputy disbursing 
        official designated under this subsection.
          (3) A disbursing official may make a designation 
        under paragraph (1) only with the approval of the 
        Secretary.
  (b)(1) If a disbursing official of the Coast Guard dies, 
becomes disabled, or is separated from office, a deputy 
disbursing official may continue the accounts and payments in 
the name of the former disbursing official until the last day 
of the second month after the month in which the death, 
disability, or separation occurs. The accounts and payments 
shall be allowed, audited, and settled as provided by law. The 
Secretary of the Treasury shall honor checks signed in the name 
of the former disbursing official in the same way as if the 
former disbursing official had continued in office.
          (2) The deputy disbursing official, and not the 
        former disbursing official or the estate of the former 
        disbursing official, is liable for the actions of the 
        deputy disbursing official under this subsection.
  (c)(1) Except as provided in paragraph (2), this section does 
not apply to the Coast Guard when section 2773 of title 10 
applies to the Coast Guard by reason of the operation of the 
Coast Guard as a service in the Navy.
          (2) A designation of a deputy disbursing official 
        under subsection (a) that is made while the Coast Guard 
        is not operating as a service in the Navy continues in 
        effect for purposes of section 2773 of title 10 while 
        the Coast Guard operates as a service in the Navy 
        unless and until the designation is terminated by the 
        disbursing official who made the designation or an 
        official authorized to approve such a designation under 
        subsection (a)(3) of such section.

Sec. [678]  951. Aircraft accident investigations

  (a) In General Whenever the Commandant of the Coast Guard 
conducts an accident investigation of an accident involving an 
aircraft under the jurisdiction of the Commandant, the records 
and report of the investigation shall be treated in accordance 
with this section.
  (b) Public Disclosure of Certain Accident Investigation 
Information
          (1) In general Subject to paragraph (2), the 
        Commandant, upon request, shall publicly disclose 
        unclassified tapes, scientific reports, and other 
        factual information pertinent to an aircraft accident 
        investigation.
          (2) Conditions The Commandant shall only disclose 
        information requested pursuant to paragraph (1) if the 
        Commandant determines--
                  (A) that such tapes, reports, or other 
                information would be included within and 
                releasable with the final accident 
                investigation report; and
                  (B) that release of such tapes, reports, or 
                other information--
                          (i) would not undermine the ability 
                        of accident or safety investigators to 
                        continue to conduct the investigation; 
                        and
                          (ii) would not compromise national 
                        security.
          (3) Restriction A disclosure under paragraph (1) may 
        not be made by or through officials with responsibility 
        for, or who are conducting, a safety investigation with 
        respect to the accident.
  (c) Opinions Regarding Causation of Accident Following an 
aircraft accident referred to in subsection (a)--
          (1) if the evidence surrounding the accident is 
        sufficient for the investigators who conduct the 
        accident investigation to come to an opinion as to the 
        cause or causes of the accident, the final report of 
        the accident investigation shall set forth the opinion 
        of the investigators as to the cause or causes of the 
        accident; and
          (2) if the evidence surrounding the accident is not 
        sufficient for the investigators to come to an opinion 
        as to the cause or causes of the accident, the final 
        report of the accident investigation shall include a 
        description of those factors, if any, that, in the 
        opinion of the investigators, substantially contributed 
        to or caused the accident.
  (d) Use of Information in Civil or Criminal Proceedings For 
purposes of any civil or criminal proceeding arising from an 
aircraft accident referred to in subsection (a), any opinion of 
the accident investigators as to the cause of, or the factors 
contributing to, the accident set forth in the accident 
investigation report may not be considered as evidence in such 
proceeding, nor may such report be considered an admission of 
liability by the United States or by any person referred to in 
such report.
  (e) Definitions For purposes of this section--
          (1) the term ``accident investigation'' means any 
        form of investigation by Coast Guard personnel of an 
        aircraft accident referred to in subsection (a), other 
        than a safety investigation; and
          (2) the term ``safety investigation'' means an 
        investigation by Coast Guard personnel of an aircraft 
        accident referred to in subsection (a) that is 
        conducted solely to determine the cause of the accident 
        and to obtain information that may prevent the 
        occurrence of similar accidents.

[Sec. 182. Cadets; number, appointment, obligation to serve

  [(a) The number of cadets appointed annually to the Academy 
shall be as determined by the Secretary but the number 
appointed in any one year shall not exceed six hundred. 
Appointments to cadetships shall be made under regulations 
prescribed by the Secretary, who shall determine age limits, 
methods of selection of applicants, term of service as a cadet 
before graduation, and all other matters affecting such 
appointments. In the administration of this chapter, the 
Secretary shall take such action as may be necessary and 
appropriate to insure that female individuals shall be eligible 
for appointment and admission to the Coast Guard Academy, and 
that the relevant standards required for appointment, 
admission, training, graduation, and commissioning of female 
individuals shall be the same as those required for male 
individuals, except for those minimum essential adjustments in 
such standards required because of physiological differences 
between male and female individuals. The Secretary may 
summarily dismiss from the Coast Guard any cadet who, during 
his cadetship, is found unsatisfactory in either studies or 
conduct, or may be deemed not adapted for a career in the Coast 
Guard. Cadets shall be subject to rules governing discipline 
prescribed by the Commandant.
  [(b) Each cadet shall sign an agreement with respect to the 
cadet's length of service in the Coast Guard. The agreement 
shall provide that the cadet agrees to the following:
          [(1) That the cadet will complete the course of 
        instruction at the Coast Guard Academy.
          [(2) That upon graduation from the Coast Guard 
        Academy the cadet--
                  [(A) will accept an appointment, if tendered, 
                as a commissioned officer of the Coast Guard; 
                and
                  [(B) will serve on active duty for at least 
                five years immediately after such appointment.
          [(3) That if an appointment described in paragraph 
        (2) is not tendered or if the cadet is permitted to 
        resign as a regular officer before the completion of 
        the commissioned service obligation of the cadet, the 
        cadet--
                  [(A) will accept an appointment as a 
                commissioned officer in the Coast Guard 
                Reserve; and
                  [(B) will remain in that reserve component 
                until completion of the commissioned service 
                obligation of the cadet.
  [(c)(1) The Secretary may transfer to the Coast Guard 
Reserve, and may order to active duty for such period of time 
as the Secretary prescribes (but not to exceed four years), a 
cadet who breaches an agreement under subsection (b). The 
period of time for which a cadet is ordered to active duty 
under this paragraph may be determined without regard to 
section 651(a) of title 10.
          [(2) A cadet who is transferred to the Coast Guard 
        Reserve under paragraph (1) shall be transferred in an 
        appropriate enlisted grade or rating, as determined by 
        the Secretary.
          [(3) For the purposes of paragraph (1), a cadet shall 
        be considered to have breached an agreement under 
        subsection (b) if the cadet is separated from the Coast 
        Guard Academy under circumstances which the Secretary 
        determines constitute a breach by the cadet of the 
        cadet's agreement to complete the course of instruction 
        at the Coast Guard Academy and accept an appointment as 
        a commissioned officer upon graduation from the Coast 
        Guard Academy.
  [(d) The Secretary shall prescribe regulations to carry out 
this section. Those regulations shall include--
          [(1) standards for determining what constitutes, for 
        the purpose of subsection (c), a breach of an agreement 
        under subsection (b);
          [(2) procedures for determining whether such a breach 
        has occurred; and
          [(3) standards for determining the period of time for 
        which a person may be ordered to serve on active duty 
        under subsection (c).
  [(e) In this section, ``commissioned service obligation'', 
with respect to an officer who is a graduate of the Academy, 
means the period beginning on the date of the officer's 
appointment as a commissioned officer and ending on the sixth 
anniversary of such appointment or, at the discretion of the 
Secretary, any later date up to the eighth anniversary of such 
appointment.
  [(f)(1) This section does not apply to a cadet who is not a 
citizen or national of the United States.
          [(2) In the case of a cadet who is a minor and who 
        has parents or a guardian, the cadet may sign the 
        agreement required by subsection (b) only with the 
        consent of the parent or guardian.
  [(g) A cadet or former cadet who does not fulfill the terms 
of the obligation to serve as specified under section (b), or 
the alternative obligation imposed under subsection (c), shall 
be subject to the repayment provisions of section 303a(e) of 
title 37.]

                  CHAPTER 11--[PERSONNEL] ACQUISITIONS

[OFFICERS
[a. appointments
[Sec.
[211. Original appointment of permanent commissioned officers.
[214. Appointment of temporary officers.
[215. Rank of warrant officers.
[b. selection for promotion
[251. Selection boards; convening of boards.
[252. Selection boards; composition of boards.
[253. Selection boards; notice of convening; communication with board.
[254. Selection boards; oath of members.
[255. Number of officers to be selected for promotion.
[256. Promotion zones.
[256a. Promotion year; defined.
[257. Eligibility of officers for consideration for promotion.
[258. Selection boards; information to be furnished boards.
[259. Officers to be recommended for promotion.
[260. Selection boards; reports.
[261. Selection boards; submission of reports.
[262. Failure of selection for promotion.
[263. Special selection boards; correction of errors.
[c. promotions
[271. Promotions; appointments.
[272. Removal of officer from list of selectees for promotion.
[273. Promotions; acceptance; oath of office.
[274. Promotions; pay and allowances.
[275. Wartime temporary service promotions.
[276. Promotion of officers not included on active duty promotion list.
[d. discharges; retirements; revocation of commissions
[281. Revocation of commissions during first five years of commissioned 
          service.
[282. Regular lieutenants (junior grade); separation for failure of 
          selection for promotion.
[283. Regular lieutenants; separation for failure of selection for 
          promotion; continuation.
[284. Regular Coast Guard; officers serving under temporary 
          appointments.
[285. Regular lieutenant commanders and commanders; retirement for 
          failure of selection for promotion.
[286. Discharge in lieu of retirement; separation pay.
[286a. Regular warrant officers: separation pay.
[287. Separation for failure of selection for promotion or continuation; 
          time of.
[288. Regular captains; retirement.
[289. Captains; continuation on active duty; involuntary retirement.
[290. Rear admirals and rear admirals (lower half); continuation on 
          active duty; involuntary retirement.
[291. Voluntary retirement after twenty years' service.
[292. Voluntary retirement after thirty years' service.
[293. Compulsory retirement.
[294. Retirement for physical disability after selection for promotion; 
          grade in which retired.
[295. Deferment of retirement or separation for medical reasons.
[296. Flag officers.
[e. separation for cause
[321. Review of records of officers.
[322. Boards of inquiry.
[323. Boards of review.
[324. Composition of boards.
[325. Rights and procedures.
[326. Removal of officer from active duty; action by Secretary.
[327. Officers considered for removal; retirement or discharge; 
          separation benefits.
[f. miscellaneous provisions
[331. Recall to active duty during war or national emergency.
[332. Recall to active duty with consent of officer.
[333. Relief of retired officer promoted while on active duty.
[334. Grade on retirement.
[335. Physical fitness of officers.
[336. United States Coast Guard Band; composition; director.
[ENLISTED MEMBERS
[350. Recruiting campaigns.
[351. Enlistments; term, grade.
[352. Promotion.
[353. Compulsory retirement at age of sixty-two.
[354. Voluntary retirement after thirty years' service.
[355. Voluntary retirement after twenty years' service.
[357. Retirement of enlisted members: increase in retired pay.
[359. Recall to active duty during war or national emergency.
[360. Recall to active duty with consent of member.
[361. Relief of retired enlisted member promoted while on active duty.
[362. Retirement in cases where higher grade or rating has been held.
[365. Extension of enlistments.
[366. Retention beyond term of enlistment in case of disability.
[367. Detention beyond term of enlistment.
[369. Inclusion of certain conditions in enlistment contract.
[370. Discharge within three months before expiration of enlistment.
[371. Aviation cadets; procurement; transfer.
[372. Aviation cadets; benefits.
[373. Aviation cadets; appointment as Reserve officers.
[374. Critical skill training bonus.
[GENERAL PROVISIONS
[421. Retirement.
[422. Status of recalled personnel.
[423. Computation of retired pay.
[424. Limitations on retirement and retired pay.
[424a. Suspension of payment of retired pay of members who are absent 
          from the United States to avoid prosecution.
[425. Board for Correction of Military Records deadline.
[426. Emergency leave retention authority.
[427. Prohibition of certain involuntary administrative separations.
[428. Sea service letters.
[429. Multirater assessment of certain personnel.
[430. Investigations of flag officers and Senior Executive Service 
          employees.
[431. Leave policies for the Coast Guard.
[SPECIAL PROVISIONS
[432. Personnel of former Lighthouse Service.]

                     SUBCHAPTER I-GENERAL PROVISIONS

Sec.
1101. Acquisition directorate.
1102. Improvements in Coast Guard acquisition management.
1103. Role of Vice Commandant in major acquisition programs.
1104. Recognition of Coast Guard personnel for excellence in 
          acquisition.
1105. Prohibition on use of lead systems integrators.
1106. Required contract terms.
1107. Extension of major acquisition program contracts.
1108. Department of Defense consultation.
1109. Undefinitized contractual actions.
1110. Guidance on excessive pass-through charges.
1111. Mission need statement.

        SUBCHAPTER II-IMPROVED ACQUISITION PROCESS AND PROCEDURES

1131. Identification of major system acquisitions.
1132. Acquisition.
1133. Preliminary development and demonstration.
1134. Acquisition, production, deployment, and support.
1135. Acquisition program baseline breach.
1136. Acquisition approval authority.

                       SUBCHAPTER III-PROCUREMENT

1151. Restriction on construction of vessels in foreign shipyards.
1152. Advance procurement funding.
1153. Prohibition on overhaul, repair, and maintenance of Coast Guard 
          vessels in foreign shipyards.
1154. Procurement of buoy chain.

                        SUBCHAPTER IV-DEFINITIONS

1171. Definitions.

                               [OFFICERS]

                           [A. APPOINTMENTS]

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec. [561]  1101. Acquisition directorate

  (a) Establishment.--The Commandant of the Coast Guard shall 
establish an acquisition directorate to provide guidance and 
oversight for the implementation and management of all Coast 
Guard acquisition processes, programs, and projects.
  (b) Mission.--The mission of the acquisition directorate is--
          (1) to acquire and deliver assets and systems that 
        increase operational readiness, enhance mission 
        performance, and create a safe working environment;
          (2) to assist in the development of a workforce that 
        is trained and qualified to further the Coast Guard's 
        missions and deliver the best-value products and 
        services to the Nation; and
          (3) to meet the needs of customers of major 
        acquisition programs in the most cost-effective manner 
        practicable.

Sec. [562]  1102. Improvements in Coast Guard acquisition management

  (a) Project or Program Managers.--
          (1) Level 1 projects.--An individual may not be 
        assigned as the project or program manager for a Level 
        1 acquisition unless the individual holds a Level III 
        acquisition certification as a program manager.
          (2) Level 2 projects.--An individual may not be 
        assigned as the project or program manager for a Level 
        2 acquisition unless the individual holds a Level II 
        acquisition certification as a program manager.
  (b) Acquisition Workforce.--
          (1) In general.--The Commandant shall designate a 
        sufficient number of positions to be in the Coast 
        Guard's acquisition workforce to perform acquisition-
        related functions at Coast Guard headquarters and field 
        activities.
          (2) Required positions.--In designating positions 
        under subsection (a), the Commandant shall include, at 
        a minimum, positions encompassing the following 
        competencies and functions:
                  (A) Program management.
                  (B) Systems planning, research, development, 
                engineering, and testing.
                  (C) Procurement, including contracting.
                  (D) Industrial and contract property 
                management.
                  (E) Life-cycle logistics.
                  (F) Quality control and assurance.
                  (G) Manufacturing and production.
                  (H) Business, cost estimating, financial 
                management, and auditing.
                  (I) Acquisition education, training, and 
                career development.
                  (J) Construction and facilities engineering.
                  (K) Testing and evaluation.
          (3) Acquisition management headquarter activities.--
        The Commandant shall also designate as positions in the 
        acquisition workforce under paragraph (1) those 
        acquisition-related positions located at Coast Guard 
        headquarters units.
          (4) Appropriate expertise required.--The Commandant 
        shall ensure that each individual assigned to a 
        position in the acquisition workforce has the 
        appropriate expertise to carry out the responsibilities 
        of that position.
  (c) Management Information System.--
          (1) In general.--The Commandant shall establish a 
        management information system capability to improve 
        acquisition workforce management and reporting.
          (2) Information maintained.--Information maintained 
        with such capability shall include the following 
        standardized information on individuals assigned to 
        positions in the workforce:
                  (A) Qualifications, assignment history, and 
                tenure of those individuals assigned to 
                positions in the acquisition workforce or 
                holding acquisition-related certifications.
                  (B) Promotion rates for officers and members 
                of the Coast Guard in the acquisition 
                workforce.
  (d) Appointments to Acquisition Positions.--The Commandant 
shall ensure that no requirement or preference for officers or 
members of the Coast Guard is used in the consideration of 
persons for positions in the acquisition workforce.
  (e) Career Paths.--
          (1) Identification of career paths.--To establish 
        acquisition management as a core competency of the 
        Coast Guard, the Commandant shall--
                  (A) ensure that career paths for officers, 
                members, and employees of the Coast Guard who 
                wish to pursue careers in acquisition are 
                identified in terms of the education, training, 
                experience, and assignments necessary for 
                career progression of those officers, members, 
                and employees to the most senior positions in 
                the acquisition workforce; and
                  (B) publish information on such career paths.
          (2) Promotion parity.--The Commandant shall ensure 
        that promotion parity is established for officers and 
        members of the Coast Guard who have been assigned to 
        the acquisition workforce relative to officers and 
        members who have not been assigned to the acquisition 
        workforce.

Sec. [578]  1103. Role of Vice Commandant in major acquisition programs

  The Vice Commandant--
          (1) shall represent the customer of a major 
        acquisition program with regard to trade-offs made 
        among cost, schedule, technical feasibility, and 
        performance with respect to such program; and
          (2) shall advise the Commandant in decisions 
        regarding the balancing of resources against 
        priorities, and associated trade-offs referred to in 
        paragraph (1), on behalf of the customer of a major 
        acquisition program.

Sec. [563]  1104. Recognition of Coast Guard personnel for excellence 
                    in acquisition

  (a) In General.--The Commandant shall maintain a program to 
recognize excellent performance by individuals and teams 
comprised of officers, members, and employees of the Coast 
Guard that contributed to the long-term success of a Coast 
Guard acquisition project or program.
  (b) Elements.--The program shall include--
          (1) specific award categories, criteria, and 
        eligibility and manners of recognition;
          (2) procedures for the nomination by personnel of the 
        Coast Guard of individuals and teams comprised of 
        officers, members, and employees of the Coast Guard for 
        recognition under the program; and
          (3) procedures for the evaluation of nominations for 
        recognition under the program by one or more panels of 
        individuals from the Government, academia, and the 
        private sector who have such expertise and are 
        appointed in such manner as the Commandant shall 
        establish for the purposes of this program.
  (c) Award of Cash Bonuses.--As part of the program required 
by subsection (a), the Commandant, subject to the availability 
of appropriations, may award to any civilian employee 
recognized pursuant to the program a cash bonus to the extent 
that the performance of such individual so recognized warrants 
the award of such bonus.

Sec. [564]  1105. Prohibition on use of lead systems integrators

  (a) In General.--
          (1) Use of lead systems integrator.--The Commandant 
        may not use a private sector entity as a lead systems 
        integrator.
          (2) Full and open competition.--The Commandant shall 
        use full and open competition for any acquisition 
        contract unless otherwise excepted in accordance with 
        Federal acquisition laws and regulations promulgated 
        under those laws, including the Federal Acquisition 
        Regulation.
          (3) No effect on small business act.--Nothing in this 
        subsection shall be construed to supersede or otherwise 
        affect the authorities provided by and under the Small 
        Business Act (15 U.S.C. 631 et seq.).
  (b) Limitation on Financial Interest in Subcontractors.--
Neither an entity performing lead systems integrator functions 
for a Coast Guard acquisition nor a Tier 1 subcontractor for 
any acquisition may have a financial interest in a 
subcontractor below the Tier 1 subcontractor level unless--
          (1) the subcontractor was selected by the prime 
        contractor through full and open competition for such 
        procurement;
          (2) the procurement was awarded by an entity 
        performing lead systems integrator functions or a 
        subcontractor through full and open competition;
          (3) the procurement was awarded by a subcontractor 
        through a process over which the entity performing lead 
        systems integrator functions or a Tier 1 subcontractor 
        exercised no control; or
          (4) the Commandant has determined that the 
        procurement was awarded in a manner consistent with 
        Federal acquisition laws and regulations promulgated 
        under those laws, including the Federal Acquisition 
        Regulation.

Sec. [565]  1106. Required contract terms

  (a) In General.--The Commandant shall ensure that a contract 
awarded or a delivery order or task order issued for an 
acquisition of a capability or an asset with an expected 
service life of 10 or more years and with a total acquisition 
cost that is equal to or exceeds $10,000,000 awarded or issued 
by the Coast Guard after the date of enactment of the Coast 
Guard Authorization Act of 2010--
          (1) provides that all certifications for an end-state 
        capability or asset under such contract, delivery 
        order, or task order, respectively, will be conducted 
        by the Commandant or an independent third party, and 
        that self-certification by a contractor or 
        subcontractor is not allowed;
          (2) provides that the Commandant shall maintain the 
        authority to establish, approve, and maintain technical 
        requirements;
          (3) requires that any measurement of contractor and 
        subcontractor performance be based on the status of all 
        work performed, including the extent to which the work 
        performed met all performance, cost, and schedule 
        requirements;
          (4) specifies that, for the acquisition or upgrade of 
        air, surface, or shore capabilities and assets for 
        which compliance with TEMPEST certification is a 
        requirement, the standard for determining such 
        compliance will be the air, surface, or shore standard 
        then used by the Department of the Navy for that type 
        of capability or asset; and
          (5) for any contract awarded to acquire an Offshore 
        Patrol Cutter, includes provisions specifying the 
        service life, fatigue life, and days underway in 
        general Atlantic and North Pacific Sea conditions, 
        maximum range, and maximum speed the cutter will be 
        built to achieve.
  (b) Prohibited Provisions.--
          (1) In general.--The Commandant shall ensure that any 
        contract awarded or delivery order or task order issued 
        by the Coast Guard after the date of enactment of the 
        Coast Guard Authorization Act of 2010 does not include 
        any provision allowing for equitable adjustment that is 
        not consistent with the Federal Acquisition 
        Regulations.
          (2) Extension of program.--A contract, contract 
        modification, or award term extending a contract with a 
        lead systems integrator--
                  (A) may not include any minimum requirements 
                for the purchase of a given or determinable 
                number of specific capabilities or assets; and
                  (B) shall be reviewed by an independent third 
                party with expertise in acquisition management, 
                and the results of that review shall be 
                submitted to the appropriate congressional 
                committees at least 60 days prior to the award 
                of the contract, contract modification, or 
                award term.
  (c) Integrated Product Teams.--Integrated product teams, and 
all teams that oversee integrated product teams, shall be 
chaired by officers, members, or employees of the Coast Guard.
  (d) Technical Authority.--The Commandant shall maintain or 
designate the technical authority to establish, approve, and 
maintain technical requirements. Any such designation shall be 
made in writing and may not be delegated to the authority of 
the Chief Acquisition Officer established by section 56 of this 
title.

Sec. [579]  1107. Extension of major acquisition program contracts

  (a) In General.--Notwithstanding section 564(a)(2) of this 
title and section 2304 of title 10, and subject to subsections 
(b) and (c) of this section, the Secretary may acquire 
additional units procured under a Coast Guard major acquisition 
program contract, by extension of such contract without 
competition, if the Director of the Cost Analysis Division of 
the Department of Homeland Security determines that the costs 
that would be saved through award of a new contract in 
accordance with such sections would not exceed the costs of 
such an award.
  (b) Limitation on Number of Additional Units.--The number of 
additional units acquired under a contract extension under this 
section may not exceed the number of additional units for which 
such determination is made.
  (c) Determination of Costs Upon Request.--The Director of the 
Cost Analysis Division of the Department of Homeland Security 
shall, at the request of the Secretary, determine for purposes 
of this section--
          (1) the costs that would be saved through award of a 
        new major acquisition program contract in accordance 
        with section 564(a)(2) for the acquisition of a number 
        of additional units specified by the Secretary; and
          (2) the costs of such award, including the costs that 
        would be incurred due to acquisition schedule delays 
        and asset design changes associated with such award.
  (d) Number of Extensions.--A contract may be extended under 
this section more than once.

Sec. [566]  1108. Department of Defense consultation

  (a) In General.--The Commandant shall make arrangements as 
appropriate with the Secretary of Defense for support in 
contracting and management of Coast Guard acquisition programs. 
The Commandant shall also seek opportunities to make use of 
Department of Defense contracts, and contracts of other 
appropriate agencies, to obtain the best possible price for 
assets acquired for the Coast Guard.
  (b) Interservice Technical Assistance.--The Commandant shall 
seek to enter into a memorandum of understanding or a 
memorandum of agreement with the Secretary of the Navy to 
obtain the assistance of the Office of the Assistant Secretary 
of the Navy for Research, Development, and Acquisition, 
including the Navy Systems Command, with the oversight of Coast 
Guard major acquisition programs. The memorandum of 
understanding or memorandum of agreement shall, at a minimum, 
provide for--
          (1) the exchange of technical assistance and support 
        that the Assistant Commandants for Acquisition, Human 
        Resources, Engineering, and Information technology may 
        identify;
          (2) the use, as appropriate, of Navy technical 
        expertise; and
          (3) the temporary assignment or exchange of personnel 
        between the Coast Guard and the Office of the Assistant 
        Secretary of the Navy for Research, Development, and 
        Acquisition, including Naval Systems Command, to 
        facilitate the development of organic capabilities in 
        the Coast Guard.
  (c) Technical Requirement Approval Procedures.--The Chief 
Acquisition Officer shall adopt, to the extent practicable, 
procedures modeled after those used by the Navy Senior 
Acquisition Official to approve all technical requirements.
  (d) Assessment.--Within 180 days after the date of enactment 
of the Coast Guard Authorization Act of 2010, the Comptroller 
General of the United States shall transmit a report to the 
appropriate congressional committees that--
          (1) contains an assessment of current Coast Guard 
        acquisition and management capabilities to manage Level 
        1 and Level 2 acquisitions;
          (2) includes recommendations as to how the Coast 
        Guard can improve its acquisition management, either 
        through internal reforms or by seeking acquisition 
        expertise from the Department of Defense; and
          (3) addresses specifically the question of whether 
        the Coast Guard can better leverage Department of 
        Defense or other agencies' contracts that would meet 
        the needs of Level 1 or Level 2 acquisitions in order 
        to obtain the best possible price.

Sec. [567]  1109. Undefinitized contractual actions

  (a) In General.--The Coast Guard may not enter into an 
undefinitized contractual action unless such action is directly 
approved by the Head of Contracting Activity of the Coast 
Guard.
  (b) Requests for Undefinitized Contractual Actions.--Any 
request to the Head of Contracting Activity for approval of an 
undefinitized contractual action shall include a description of 
the anticipated effect on requirements of the Coast Guard if a 
delay is incurred for the purposes of determining contractual 
terms, specifications, and price before performance is begun 
under the contractual action.
  (c) Requirements for Undefinitized Contractual Actions.--
          (1) Deadline for agreement on terms, specifications, 
        and price.--A contracting officer of the Coast Guard 
        may not enter into an undefinitized contractual action 
        unless the contractual action provides for agreement 
        upon contractual terms, specification, and price by the 
        earlier of--
                  (A) the end of the 180-day period beginning 
                on the date on which the contractor submits a 
                qualifying proposal to definitize the 
                contractual terms, specifications, and price; 
                or
                  (B) the date on which the amount of funds 
                obligated under the contractual action is equal 
                to more than 50 percent of the negotiated 
                overall ceiling price for the contractual 
                action.
          (2) Limitation on obligations
                  (A) In general.--Except as provided in 
                subparagraph (B), the contracting officer for 
                an undefinitized contractual action may not 
                obligate under such contractual action an 
                amount that exceeds 50 percent of the 
                negotiated overall ceiling price until the 
                contractual terms, specifications, and price 
                are definitized for such contractual action.
                  (B) Exception.--Notwithstanding subparagraph 
                (A), if a contractor submits a qualifying 
                proposal to definitize an undefinitized 
                contractual action before an amount that 
                exceeds 50 percent of the negotiated overall 
                ceiling price is obligated on such action, the 
                contracting officer for such action may not 
                obligate with respect to such contractual 
                action an amount that exceeds 75 percent of the 
                negotiated overall ceiling price until the 
                contractual terms, specifications, and price 
                are definitized for such contractual action.
          (3) Waiver.--The Commandant may waive the application 
        of this subsection with respect to a contract if the 
        Commandant determines that the waiver is necessary to 
        support--
                  (A) a contingency operation (as that term is 
                defined in section 101(a)(13) of title 10);
                  (B) operations to prevent or respond to a 
                transportation security incident (as defined in 
                section 70101(6) of title 46);
                  (C) an operation in response to an emergency 
                that poses an unacceptable threat to human 
                health or safety or to the marine environment; 
                or
                  (D) an operation in response to a natural 
                disaster or major disaster or emergency 
                designated by the President under the Robert T. 
                Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5121 et seq.).
          (4) Limitation on application.--This subsection does 
        not apply to an undefinitized contractual action for 
        the purchase of initial spares.
  (d) Inclusion of Nonurgent Requirements.--Requirements for 
spare parts and support equipment that are not needed on an 
urgent basis may not be included in an undefinitized 
contractual action by the Coast Guard for spare parts and 
support equipment that are needed on an urgent basis unless the 
Commandant approves such inclusion as being--
          (1) good business practice; and
          (2) in the best interests of the United States.
  (e) Modification of Scope.--The scope of an undefinitized 
contractual action under which performance has begun may not be 
modified unless the Commandant approves such modification as 
being--
          (1) good business practice; and
          (2) in the best interests of the United States.
  (f) Allowable Profit.--The Commandant shall ensure that the 
profit allowed on an undefinitized contractual action for which 
the final price is negotiated after a substantial portion of 
the performance required is completed reflects--
          (1) the possible reduced cost risk of the contractor 
        with respect to costs incurred during performance of 
        the contract before the final price is negotiated; and
          (2) the reduced cost risk of the contractor with 
        respect to costs incurred during performance of the 
        remaining portion of the contract.
  (g) Definitions.--In this section:
          (1) Undefinitized contractual action.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the term ``undefinitized 
                contractual action'' means a new procurement 
                action entered into by the Coast Guard for 
                which the contractual terms, specifications, or 
                price are not agreed upon before performance is 
                begun under the action.
                  (B) Exclusion.--The term ``undefinitized 
                contractual action'' does not include 
                contractual actions with respect to--
                          (i) foreign military sales;
                          (ii) purchases in an amount not in 
                        excess of the amount of the simplified 
                        acquisition threshold; or
                          (iii) special access programs.
          (2) Qualifying proposal.--The term ``qualifying 
        proposal'' means a proposal that contains sufficient 
        information to enable complete and meaningful audits of 
        the information contained in the proposal as determined 
        by the contracting officer.

Sec. [568]  1110. Guidance on excessive pass-through charges

  (a) In General.--Not later than 180 days after the date of 
enactment of the Coast Guard Authorization Act of 2010, the 
Commandant shall issue guidance to ensure that pass-through 
charges on contracts, subcontracts, delivery orders, and task 
orders that are entered into with a private entity acting as a 
lead systems integrator by or on behalf of the Coast Guard are 
not excessive in relation to the cost of work performed by the 
relevant contractor or subcontractor. The guidance shall, at a 
minimum--
          (1) set forth clear standards for determining when 
        no, or negligible, value has been added to a contract 
        by a contractor or subcontractor;
          (2) set forth procedures for preventing the payment 
        by the Government of excessive pass-through charges; 
        and
          (3) identify any exceptions determined by the 
        Commandant to be in the best interest of the 
        Government.
  (b) Excessive Pass-Through Charge Defined.--In this section 
the term ``excessive pass-through charge'', with respect to a 
contractor or subcontractor that adds no, or negligible, value 
to a contract or subcontract, means a charge to the Government 
by the contractor or subcontractor that is for overhead or 
profit on work performed by a lower tier contractor or 
subcontractor, other than reasonable charges for the direct 
costs of managing lower tier contractors and subcontracts and 
overhead and profit based on such direct costs.
  (c) Application of Guidance.--The guidance under this 
subsection shall apply to contracts awarded to a private entity 
acting as a lead systems integrator by or on behalf of the 
Coast Guard on or after the date that is 360 days after the 
date of enactment of the Coast Guard Authorization Act of 2010.

Sec. [569]  1111. Mission need statement

  (a) In General.--On the date on which the President submits 
to Congress a budget for fiscal year 2016 under section 1105 of 
title 31, on the date on which the President submits to 
Congress a budget for fiscal year 2019 under such section, and 
every 4 years thereafter, the Commandant shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate an integrated major acquisition 
mission need statement.
  (b) Definitions.--In this section, the following definitions 
apply:
          (1) Integrated major acquisition mission need 
        statement.--The term ``integrated major acquisition 
        mission need statement'' means a document that--
                  (A) identifies current and projected gaps in 
                Coast Guard mission capabilities using mission 
                hour targets;
                  (B) explains how each major acquisition 
                program addresses gaps identified under 
                subparagraph (A) if funded at the levels 
                provided for such program in the most recently 
                submitted capital investment plan; and
                  (C) describes the missions the Coast Guard 
                will not be able to achieve, by fiscal year, 
                for each gap identified under subparagraph (A).
          (2) Major acquisition program.--The term ``major 
        acquisition program'' has the meaning given that term 
        in section 2903.
          (3) Capital investment plan.--The term ``capital 
        investment plan'' means the plan required under section 
        2902(a)(1).

                      [B. SELECTION FOR PROMOTION]

                            [C. Promotions]

         [D. DISHCARGES; RETIRMENTS; REVOCATION OF COMMISSIONS]

                       [E. SEPARATION FOR CAUSE]

                     [F. MISCELLANEOUS PROVISIONS]

                           [ENLISTED MEMBERS]

       SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES

Sec. [571]  1131. Identification of major system acquisitions

  (a) In General.--
          (1) Support mechanisms.--The Commandant shall develop 
        and implement mechanisms to support the establishment 
        of mature and stable operational requirements for all 
        acquisitions.
          (2) Mission analysis; affordability assessment.--The 
        Commandant may not initiate a Level 1 or Level 2 
        acquisition project or program until the Commandant--
                  (A) completes a mission analysis that--
                          (i) identifies the specific 
                        capability gaps to be addressed by the 
                        project or program; and
                          (ii) develops a clear mission need to 
                        be addressed by the project or program; 
                        and
                  (B) prepares a preliminary affordability 
                assessment for the project or program.
  (b) Elements.--
          (1) Requirements.--The mechanisms required by 
        subsection (a) shall ensure the implementation of a 
        formal process for the development of a mission-needs 
        statement, concept-of-operations document, capability 
        development plan, and resource proposal for the initial 
        project or program funding, and shall ensure the 
        project or program is included in the Coast Guard 
        Capital Investment Plan.
          (2) Assessment of trade-offs.--In conducting an 
        affordability assessment under subsection (a)(2)(B), 
        the Commandant shall develop and implement mechanisms 
        to ensure that trade-offs among cost, schedule, and 
        performance are considered in the establishment of 
        preliminary operational requirements for development 
        and production of new assets and capabilities for Level 
        1 and Level 2 acquisitions projects and programs.
  (c) Human Resource Capital Planning.--The Commandant shall 
develop staffing predictions, define human capital performance 
initiatives, and identify preliminary training needs required 
to implement each Level 1 and Level 2 acquisition project and 
program.

Sec. [572]  1132. Acquisition

  (a) In General.--The Commandant may not establish a Level 1 
or Level 2 acquisition project or program until the 
Commandant--
          (1) clearly defines the operational requirements for 
        the project or program;
          (2) establishes the feasibility of alternatives;
          (3) develops an acquisition project or program 
        baseline;
          (4) produces a life-cycle cost estimate; and
          (5) assesses the relative merits of alternatives to 
        determine a preferred solution in accordance with the 
        requirements of this section.
  (b) Submission Required Before Proceeding.--Any Coast Guard 
Level 1 or Level 2 acquisition project or program may not begin 
to obtain any capability or asset or proceed beyond that phase 
of its development that entails approving the supporting 
acquisition until the Commandant submits to the appropriate 
congressional committees the following:
          (1) The key performance parameters, the key system 
        attributes, and the operational performance attributes 
        of the capability or asset to be acquired under the 
        proposed acquisition project or program.
          (2) A detailed list of the systems or other 
        capabilities with which the capability or asset to be 
        acquired is intended to be interoperable, including an 
        explanation of the attributes of interoperability.
          (3) The anticipated acquisition project or program 
        baseline and acquisition unit cost for the capability 
        or asset to be acquired under the project or program.
          (4) A detailed schedule for the acquisition process 
        showing when all capability and asset acquisitions are 
        to be completed and when all acquired capabilities and 
        assets are to be initially and fully deployed.
  (c) Analysis of Alternatives.--
          (1) In general.--The Coast Guard may not acquire an 
        experimental or technically immature capability or 
        asset or implement a Level 1 or Level 2 acquisition 
        project or program, unless it has prepared an analysis 
        of alternatives for the capability or asset to be 
        acquired in the concept and technology development 
        phase of the acquisition process for the capability or 
        asset.
          (2) Requirements.--The analysis of alternatives shall 
        be prepared by a federally funded research and 
        development center, a qualified entity of the 
        Department of Defense, or a similar independent third-
        party entity that has appropriate acquisition expertise 
        and has no financial interest in any part of the 
        acquisition project or program that is the subject of 
        the analysis. At a minimum, the analysis of 
        alternatives shall include--
                  (A) an assessment of the technical maturity 
                of the capability or asset, and technical and 
                other risks;
                  (B) an examination of capability, 
                interoperability, and other advantages and 
                disadvantages;
                  (C) an evaluation of whether different 
                combinations or quantities of specific assets 
                or capabilities could meet the Coast Guard's 
                overall performance needs;
                  (D) a discussion of key assumptions and 
                variables, and sensitivity to change in such 
                assumptions and variables;
                  (E) when an alternative is an existing 
                capability, asset, or prototype, an evaluation 
                of relevant safety and performance records and 
                costs;
                  (F) a calculation of life-cycle costs 
                including--
                          (i) an examination of likely research 
                        and development costs and the levels of 
                        uncertainty associated with such 
                        estimated costs;
                          (ii) an examination of likely 
                        production and deployment costs and the 
                        levels of uncertainty associated with 
                        such estimated costs;
                          (iii) an examination of likely 
                        operating and support costs and the 
                        levels of uncertainty associated with 
                        such estimated costs;
                          (iv) if they are likely to be 
                        significant, an examination of likely 
                        disposal costs and the levels of 
                        uncertainty associated with such 
                        estimated costs; and
                          (v) such additional measures as the 
                        Commandant or the Secretary of the 
                        department in which the Coast Guard is 
                        operating determines to be necessary 
                        for appropriate evaluation of the 
                        capability or asset; and
                  (G) the business case for each viable 
                alternative.
  (d) Test and Evaluation Master Plan.--
          (1) In general.--For any Level 1 or Level 2 
        acquisition project or program the Chief Acquisition 
        Officer must approve a test and evaluation master plan 
        specific to the acquisition project or program for the 
        capability, asset, or subsystems of the capability or 
        asset and intended to minimize technical, cost, and 
        schedule risk as early as practicable in the 
        development of the project or program.
          (2) Test and evaluation strategy.--The master plan 
        shall--
                  (A) set forth an integrated test and 
                evaluation strategy that will verify that 
                capability-level or asset-level and subsystem-
                level design and development, including 
                performance and supportability, have been 
                sufficiently proven before the capability, 
                asset, or subsystem of the capability or asset 
                is approved for production; and
                  (B) require that adequate developmental tests 
                and evaluations and operational tests and 
                evaluations established under subparagraph (A) 
                are performed to inform production decisions.
          (3) Other components of the master plan.--At a 
        minimum, the master plan shall identify--
                  (A) the key performance parameters to be 
                resolved through the integrated test and 
                evaluation strategy;
                  (B) the performance data to be used to 
                determine whether the key performance 
                parameters have been resolved;
                  (C) critical operational issues to be 
                assessed in addition to the key performance 
                parameters;
                  (D) the results during test and evaluation 
                that will be required to demonstrate that a 
                capability, asset, or subsystem meets 
                performance requirements;
                  (E) specific development test and evaluation 
                phases and the scope of each phase;
                  (F) modeling and simulation activities to be 
                performed, if any, and the scope of such 
                activities;
                  (G) early operational assessments to be 
                performed, if any, and the scope of such 
                assessments;
                  (H) operational test and evaluation phases;
                  (I) an estimate of the resources, including 
                funds, that will be required for all test, 
                evaluation, assessment, modeling, and 
                simulation activities; and
                  (J) the Government entity or independent 
                entity that will perform the test, evaluation, 
                assessment, modeling, and simulation 
                activities.
          (4) Update.--The Chief Acquisition Officer must 
        approve an updated master plan whenever there is a 
        revision to project or program test and evaluation 
        strategy, scope, or phasing.
          (5) Limitation.--The Coast Guard may not--
                  (A) proceed beyond that phase of the 
                acquisition process that entails approving the 
                supporting acquisition of a capability or asset 
                before the master plan is approved by the Chief 
                Acquisition Officer; or
                  (B) award any production contract for a 
                capability, asset, or subsystem for which a 
                master plan is required under this subsection 
                before the master plan is approved by the Chief 
                Acquisition Officer.
  (e) Life-Cycle Cost Estimates.--
          (1) In general.--The Commandant shall implement 
        mechanisms to ensure the development and regular 
        updating of life-cycle cost estimates for each 
        acquisition with a total acquisition cost that equals 
        or exceeds $10,000,000 and an expected service life of 
        10 or more years, and to ensure that these estimates 
        are considered in decisions to develop or produce new 
        or enhanced capabilities and assets.
          (2) Types of estimates.--In addition to life-cycle 
        cost estimates that may be developed by acquisition 
        program offices, the Commandant shall require that an 
        independent life-cycle cost estimate be developed for 
        each Level 1 or Level 2 acquisition project or program.
          (3) Required updates.--For each Level 1 or Level 2 
        acquisition project or program the Commandant shall 
        require that life-cycle cost estimates shall be updated 
        before each milestone decision is concluded and the 
        project or program enters a new acquisition phase.

Sec. [573]  1133. Preliminary development and demonstration

  (a) In General.--The Commandant shall ensure that 
developmental test and evaluation, operational test and 
evaluation, life-cycle cost estimates, and the development and 
demonstration requirements applied by this chapter to 
acquisition projects and programs are met to confirm that the 
projects or programs meet the requirements identified in the 
mission-analysis and affordability assessment prepared under 
section 571(a)(2), the operational requirements developed under 
section 572(a)(1) and the following development and 
demonstration objectives:
          (1) To demonstrate that the design, manufacturing, 
        and production solution is based upon a stable, 
        producible, and cost-effective product design.
          (2) To ensure that the product capabilities meet 
        contract specifications, acceptable operational 
        performance requirements, and system security 
        requirements.
          (3) To ensure that the product design is mature 
        enough to commit to full production and deployment.
  (b) Tests and Evaluations.--
          (1) In general.--The Commandant shall ensure that the 
        Coast Guard conducts developmental tests and 
        evaluations and operational tests and evaluations of a 
        capability or asset and the subsystems of the 
        capability or asset in accordance with the master plan 
        prepared for the capability or asset under section 
        572(d)(1).
          (2) Use of third parties.--The Commandant shall 
        ensure that the Coast Guard uses independent third 
        parties with expertise in testing and evaluating the 
        capabilities or assets and the subsystems of the 
        capabilities or assets being acquired to conduct 
        developmental tests and evaluations and operational 
        tests and evaluations whenever the Coast Guard lacks 
        the capability to conduct the tests and evaluations 
        required by a master plan.
          (3) Communication of safety concerns.--The Commandant 
        shall require that safety concerns identified during 
        developmental or operational tests and evaluations or 
        through independent or Government-conducted design 
        assessments of capabilities or assets and subsystems of 
        capabilities or assets to be acquired by the Coast 
        Guard shall be communicated as soon as practicable, but 
        not later than 30 days after the completion of the test 
        or assessment event or activity that identified the 
        safety concern, to the program manager for the 
        capability or asset and the subsystems concerned and to 
        the Chief Acquisition Officer.
          (4) Reporting of safety concerns.--Any safety 
        concerns that have been reported to the Chief 
        Acquisition Officer for an acquisition program or 
        project shall be reported by the Commandant to the 
        appropriate congressional committees at least 90 days 
        before the award of any contract or issuance of any 
        delivery order or task order for low, initial, or full-
        rate production of the capability or asset concerned if 
        they will remain uncorrected or unmitigated at the time 
        such a contract is awarded or delivery order or task 
        order is issued. The report shall include a 
        justification for the approval of that level of 
        production of the capability or asset before the safety 
        concerns are corrected or mitigated. The report shall 
        also include an explanation of the actions that will be 
        taken to correct or mitigate the safety concerns, the 
        date by which those actions will be taken, and the 
        adequacy of current funding to correct or mitigate the 
        safety concerns.
          (5) Asset already in low, initial, or full-rate 
        production.--If operational test and evaluation of a 
        capability or asset already in low, initial, or full-
        rate production identifies a safety concern with the 
        capability or asset or any subsystems of the capability 
        or asset not previously identified during developmental 
        or operational test and evaluation, the Commandant 
        shall--
                  (A) notify the program manager and the Chief 
                Acquisition Officer of the safety concern as 
                soon as practicable, but not later than 30 days 
                after the completion of the test and evaluation 
                event or activity that identified the safety 
                concern; and
                  (B) notify the Chief Acquisition Officer and 
                include in such notification--
                          (i) an explanation of the actions 
                        that will be taken to correct or 
                        mitigate the safety concern in all 
                        capabilities or assets and subsystems 
                        of the capabilities or assets yet to be 
                        produced, and the date by which those 
                        actions will be taken;
                          (ii) an explanation of the actions 
                        that will be taken to correct or 
                        mitigate the safety concern in 
                        previously produced capabilities or 
                        assets and subsystems of the 
                        capabilities or assets, and the date by 
                        which those actions will be taken; and
                          (iii) an assessment of the adequacy 
                        of current funding to correct or 
                        mitigate the safety concern in 
                        capabilities or assets and subsystems 
                        of the capabilities or assets and in 
                        previously produced capabilities or 
                        assets and subsystems.
  (c) Technical Certification.--
          (1) In general.--The Commandant shall ensure that any 
        Level 1 or Level 2 acquisition project or program is 
        certified by the technical authority of the Coast Guard 
        after review by an independent third party with 
        capabilities in the mission area, asset, or particular 
        asset component.
          (2) TEMPEST testing.--The Commandant shall--
                  (A) cause all electronics on all aircraft, 
                surface, and shore capabilities and assets that 
                require TEMPEST certification and that are 
                delivered after the date of enactment of the 
                Coast Guard Authorization Act of 2010 to be 
                tested in accordance with TEMPEST standards and 
                communications security (comsec) standards by 
                an independent third party that is authorized 
                by the Federal Government to perform such 
                testing; and
                  (B) certify that the assets meet all 
                applicable TEMPEST requirements.
          (3) Cutter classification.--
                  (A) In general.--The Commandant shall cause 
                each cutter, other than a National Security 
                Cutter, acquired by the Coast Guard and 
                delivered after the date of enactment of the 
                Coast Guard Authorization Act of 2010 to be 
                classed by the American Bureau of Shipping 
                before final acceptance.
          (4) Other vessels.--The Commandant shall cause the 
        design and construction of each National Security 
        Cutter, other than National Security Cutters 1, 2, and 
        3, to be assessed by an independent third party with 
        expertise in vessel design and construction 
        certification.
          (5) Aircraft airworthiness.--The Commandant shall 
        cause all aircraft and aircraft engines acquired by the 
        Coast Guard and delivered after the date of enactment 
        of the Coast Guard Authorization Act of 2010 to be 
        assessed for airworthiness by an independent third 
        party with expertise in aircraft and aircraft engine 
        certification before final acceptance.

Sec. [574]  1134. Acquisition, production, deployment, and support

  (a) In General.--The Commandant shall--
          (1) ensure there is a stable and efficient production 
        and support capability to develop an asset or 
        capability for the Coast Guard;
          (2) conduct follow-on testing to confirm and monitor 
        performance and correct deficiencies; and
          (3) conduct acceptance tests and trials prior to the 
        delivery of each asset or system to ensure the 
        delivered asset or system achieves full operational 
        capability.
  (b) Elements.--The Commandant shall--
          (1) execute production contracts;
          (2) ensure that delivered assets and capabilities 
        meet operational cost and schedules requirements 
        established in the acquisition program baseline;
          (3) validate manpower and training requirements to 
        meet system needs to operate, maintain, support, and 
        instruct the assets or capabilities; and
          (4) prepare an acquisition project or program 
        transition plan to enter into programmatic sustainment, 
        operations, and support.

Sec. [575]  1135. Acquisition program baseline breach

  (a) In General.--The Commandant shall submit a report to the 
appropriate congressional committees and the Committee on 
Homeland Security of the House of Representatives as soon as 
possible, but not later than 30 days, after the Chief 
Acquisition Officer of the Coast Guard becomes aware of the 
breach of an acquisition program baseline for any Level 1 or 
Level 2 acquisition program, by--
          (1) a likely cost overrun greater than 15 percent of 
        the acquisition program baseline for that individual 
        capability or asset or a class of capabilities or 
        assets;
          (2) a likely delay of more than 180 days in the 
        delivery schedule for any individual capability or 
        asset or class of capabilities or assets; or
          (3) an anticipated failure for any individual 
        capability or asset or class of capabilities or assets 
        to satisfy any key performance threshold or parameter 
        under the acquisition program baseline.
  (b) Content.--The report submitted under subsection (a) shall 
include--
          (1) a detailed description of the breach and an 
        explanation of its cause;
          (2) the projected impact to performance, cost, and 
        schedule;
          (3) an updated acquisition program baseline and the 
        complete history of changes to the original acquisition 
        program baseline;
          (4) the updated acquisition schedule and the complete 
        history of changes to the original schedule;
          (5) a full life-cycle cost analysis for the 
        capability or asset or class of capabilities or assets;
          (6) a remediation plan identifying corrective actions 
        and any resulting issues or risks; and
          (7) a description of how progress in the remediation 
        plan will be measured and monitored.
  (c) Substantial Variances in Costs or Schedule.--If a likely 
cost overrun is greater than 20 percent or a likely delay is 
greater than 12 months from the costs and schedule described in 
the acquisition program baseline for any Level 1 or Level 2 
acquisition project or program of the Coast Guard, the 
Commandant shall include in the report a written certification, 
with a supporting explanation, that--
          (1) the capability or asset or capability or asset 
        class to be acquired under the project or program is 
        essential to the accomplishment of Coast Guard 
        missions;
          (2) there are no alternatives to such capability or 
        asset or capability or asset class that will provide 
        equal or greater capability in both a more cost-
        effective and timely manner;
          (3) the new acquisition schedule and estimates for 
        total acquisition cost are reasonable; and
          (4) the management structure for the acquisition 
        program is adequate to manage and control performance, 
        cost, and schedule.

Sec. [576]  1136. Acquisition approval authority

  Nothing in this subchapter shall be construed as altering or 
diminishing in any way the statutory authority and 
responsibility of the Secretary of the department in which the 
Coast Guard is operating, or the Secretary's designee, to--
          (1) manage and administer department procurements, 
        including procurements by department components, as 
        required by section 701 of the Homeland Security Act of 
        2002 (6 U.S.C. 341); or
          (2) manage department acquisition activities and act 
        as the Acquisition Decision Authority with regard to 
        the review or approval of a Coast Guard Level 1 or 
        Level 2 acquisition project or program, as required by 
        section 16 of the Office of Federal Procurement Policy 
        Act (41 U.S.C. 414) and related implementing 
        regulations and directives.

                          [GENERAL PROVISIONS]

                      SUBCHAPTER III--PROCUREMENT

Sec. [665]  1151. Restriction on construction of vessels in foreign 
                    shipyards

  (a) Except as provided in subsection (b), no Coast Guard 
vessel, and no major component of the hull or superstructure of 
a Coast Guard vessel, may be constructed in a foreign shipyard.
  (b) The President may authorize exceptions to the prohibition 
in subsection (a) when the President determines that it is in 
the national security interest of the United States to do so. 
The President shall transmit notice to Congress of any such 
determination, and no contract may be made pursuant to the 
exception authorized until the end of the 30-day period 
beginning on the date the notice of such determination is 
received by Congress.

Sec. [577]  1152. Advance procurement funding

  (a) In General.--With respect to any Coast Guard vessel for 
which amounts are appropriated and any amounts otherwise made 
available for vessels for the Coast Guard in any fiscal year, 
the Commandant of the Coast Guard may enter into a contract or 
place an order, in advance of a contract or order for 
construction of a vessel, for--
          (1) materials, parts, components, and labor for the 
        vessel;
          (2) the advance construction of parts or components 
        for the vessel;
          (3) protection and storage of materials, parts, or 
        components for the vessel; and
          (4) production planning, design, and other related 
        support services that reduce the overall procurement 
        lead time of the vessel.
  (b) Use of Materials, Parts, and Components Manufactured in 
the United States.--In entering into contracts and placing 
orders under subsection (a), the Commandant may give priority 
to persons that manufacture materials, parts, and components in 
the United States.

Sec. [96]  1153. Prohibition on overhaul, repair, and maintenance of 
                    Coast Guard vessels in foreign shipyards

  A Coast Guard vessel the home port of which is in the United 
States or Guam may not be overhauled, repaired, or maintained 
in a shipyard outside the United States or Guam, other than in 
the case of voyage repairs.

Sec. [97]  1154. Procurement of buoy chain

  (a) Except as provided in subsection (b), the Coast Guard may 
not procure buoy chain--
          (1) that is not manufactured in the United States; or
          (2) substantially all of the components of which are 
        not produced or manufactured in the United States.
  (b) The Coast Guard may procure buoy chain that is not 
manufactured in the United States if the Secretary determines 
that--
          (1) the price of buoy chain manufactured in the 
        United States is unreasonable; or
          (2) emergency circumstances exist.

                          [SPECIAL PROVISIONS]

                      SUBCHAPTER IV-- DEFINITIONS

Sec. [581]  1171. Definitions

  In this chapter:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate.
          (2) Chief acquisition officer.--The term ``Chief 
        Acquisition Officer'' means the officer appointed under 
        section 56 of this title.
          (3) Customer of a major acquisition program.--The 
        term ``customer of a major acquisition program'' means 
        the operating field unit of the Coast Guard that will 
        field the system or systems acquired under a major 
        acquisition program.
          (4) Commandant.--The term ``Commandant'' means the 
        Commandant of the Coast Guard.
          (5) Level 1 acquisition.--The term ``Level 1 
        acquisition'' means--
                  (A) an acquisition by the Coast Guard--
                          (i) the estimated life-cycle costs of 
                        which exceed $1,000,000,000; or
                          (ii) the estimated total acquisition 
                        costs of which exceed $300,000,000; or
                  (B) any acquisition that the Chief 
                Acquisition Officer of the Coast Guard 
                determines to have a special interest--
                          (i) due to--
                                  (I) the experimental or 
                                technically immature nature of 
                                the asset;
                                  (II) the technological 
                                complexity of the asset;
                                  (III) the commitment of 
                                resources; or
                                  (IV) the nature of the 
                                capability or set of 
                                capabilities to be achieved; or
                          (ii) because such acquisition is a 
                        joint acquisition.
          (6) Level 2 acquisition.--The term ``Level 2 
        acquisition'' means an acquisition by the Coast Guard--
                  (A) the estimated life-cycle costs of which 
                are equal to or less than $1,000,000,000, but 
                greater than $300,000,000; or
                  (B) the estimated total acquisition costs of 
                which are equal to or less than $300,000,000, 
                but greater than $100,000,000.
          (7) Life-cycle cost.--The term ``life-cycle cost'' 
        means all costs for development, procurement, 
        construction, and operations and support for a 
        particular capability or asset, without regard to 
        funding source or management control.
          (8) Major acquisition program.--The term ``major 
        acquisition program'' means an ongoing acquisition 
        undertaken by the Coast Guard with a life-cycle cost 
        estimate greater than or equal to $300,000,000.
          (9) Project or program manager defined.--The term 
        ``project or program manager'' means an individual 
        designated--
                  (A) to develop, produce, and deploy a new 
                asset to meet identified operational 
                requirements; and
                  (B) to manage cost, schedule, and performance 
                of the acquisition, project, or program.
          (10) Safety concern.--The term ``safety concern'' 
        means any hazard associated with a capability or asset 
        or a subsystem of a capability or asset that is likely 
        to cause serious bodily injury or death to a typical 
        Coast Guard user in testing, maintaining, repairing, or 
        operating the capability, asset, or subsystem or any 
        hazard associated with the capability, asset, or 
        subsystem that is likely to cause major damage to the 
        capability, asset, or subsystem during the course of 
        its normal operation by a typical Coast Guard user.
          (11) Developmental test and evaluation.--The term 
        ``developmental test and evaluation'' means--
                  (A) the testing of a capability or asset and 
                the subsystems of the capability or asset to 
                determine whether they meet all contractual 
                performance requirements, including technical 
                performance requirements, supportability 
                requirements, and interoperability requirements 
                and related specifications; and
                  (B) the evaluation of the results of such 
                testing.
          (12) Operational test and evaluation.--The term 
        ``operational test and evaluation'' means--
                  (A) the testing of a capability or asset and 
                the subsystems of the capability or asset, 
                under conditions similar to those in which the 
                capability or asset and subsystems will 
                actually be deployed, for the purpose of 
                determining the effectiveness and suitability 
                of the capability or asset and subsystems for 
                use by typical Coast Guard users to conduct 
                those missions for which the capability or 
                asset and subsystems are intended to be used; 
                and
                  (B) the evaluation of the results of such 
                testing.

    CHAPTER 13--NATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES

Sec.
1301. National Chemical Transportation Safety Advisory Committee.
1302. National Commercial Fishing Safety Advisory Committee.
1303. National Merchant Marine Personnel Advisory Committee.
1304. National Merchant Mariner Medical Advisory Committee.
1305. National Boating Safety Advisory Committee.
1306. National Offshore Safety Advisory Committee.
1307. National Navigation Safety Advisory Committee.
1308. National Towing Safety Advisory Committee.
1309. Administration.

Sec. 1301. National Chemical Transportation Safety Advisory Committee

  (a) Establishment.--There is established a National Chemical 
Transportation Safety Advisory Committee (in this section 
referred to as the ``Committee'').
  (b) Function.--The Committee shall advise the Secretary on 
matters relating to the safe and secure marine transportation 
of hazardous materials.
  (c) Membership.--
          (1) In general.--The Committee shall consist of not 
        more than 25 members appointed by the Secretary in 
        accordance with this section and section 1309 of this 
        chapter.
          (2) Expertise.--Each member of the Committee shall 
        have particular expertise, knowledge, and experience in 
        matters relating to the function of the Committee.
          (3) Representation.--Each member of the Committee 
        shall represent 1 of the following:
                  (A) Chemical manufacturing entities.
                  (B) Entities related to marine handling or 
                transportation of chemicals.
                  (C) Vessel design and construction entities.
                  (D) Marine safety or security entities.
                  (E) Marine environmental protection entities.
          (4) Distribution.--The Secretary shall, based on the 
        needs of the Coast Guard, determine the number of 
        members of the Committee who represent each entity 
        specified in paragraph (3). Neither this paragraph nor 
        any other provision of law shall be construed to 
        require an equal distribution of members representing 
        each entity specified in paragraph (3).

Sec. 1302. National Commercial Fishing Safety Advisory Committee

  (a) Establishment.--There is established a National 
Commercial Fishing Safety Advisory Committee (in this section 
referred to as the ``Committee'').
  (b) Function.--The Committee shall advise the Secretary on 
matters relating to the safe operation of vessels to which 
chapter 45 of title 46 applies, including the matters of--
          (1) navigation safety;
          (2) safety equipment and procedures;
          (3) marine insurance;
          (4) vessel design, construction, maintenance, and 
        operation; and
          (5) personnel qualifications and training.
  (c) Membership.--
          (1) In general.--The Committee shall consist of 18 
        members appointed by the Secretary in accordance with 
        this section and section 1309 of this chapter.
          (2) Expertise.--Each member of the Committee shall 
        have particular expertise, knowledge, and experience in 
        matters relating to the function of the Committee.
          (3) Representation.--Members of the Committee shall 
        be appointed as follows:
                  (A) 10 members shall represent the commercial 
                fishing industry and--
                          (i) as a group, shall together 
                        reflect a regional and representational 
                        balance; and
                          (ii) as individuals, shall each have 
                        experience--
                                  (I) in the operation of 
                                vessels to which chapter 45 of 
                                title 46 applies; or
                                  (II) as a crew member or 
                                processing line worker on a 
                                fish processing vessel.
                  (B) 1 member shall represent naval architects 
                and marine engineers.
                  (C) 1 member shall represent manufacturers of 
                equipment for vessels to which chapter 45 of 
                title 46 applies.
                  (D) 1 member shall represent education and 
                training professionals related to fishing 
                vessel, fish processing vessel, and fish tender 
                vessel safety and personnel qualifications.
                  (E) 1 member shall represent underwriters 
                that insure vessels to which chapter 45 of 
                title 46 applies.
                  (F) 1 member shall represent owners of 
                vessels to which chapter 45 of title 46 
                applies.
                  (G) 3 members shall represent the general 
                public and, to the extent possible, shall 
                include--
                          (i) an independent expert or 
                        consultant in maritime safety;
                          (ii) a marine surveyor who provides 
                        services to vessels to which chapter 45 
                        of title 46 applies; and
                          (iii) a person familiar with issues 
                        affecting fishing communities and the 
                        families of fishermen.

Sec. 1303. National Merchant Marine Personnel Advisory Committee

  (a) Establishment.--There is established a National Merchant 
Marine Personnel Advisory Committee (in this section referred 
to as the ``Committee'').
  (b) Function.--The Committee shall advise the Secretary on 
matters relating to personnel in the United States merchant 
marine, including the training, qualifications, certification, 
documentation, and fitness of mariners.
  (c) Membership.--
          (1) In general.--The Committee shall consist of 19 
        members appointed by the Secretary in accordance with 
        this section and section 1309 of this chapter.
          (2) Expertise.--Each member of the Committee shall 
        have particular expertise, knowledge, and experience in 
        matters relating to the function of the Committee.
          (3) Representation.--Members of the Committee shall 
        be appointed as follows:
                  (A) 9 members shall represent mariners and, 
                of the 9--
                          (i) each shall--
                                  (I) be a citizen of the 
                                United States; and
                                  (II) hold an active license 
                                or certificate issued under 
                                chapter 71 of title 46 or a 
                                merchant mariner document 
                                issued under chapter 73 of 
                                title 46;
                          (ii) 3 shall be deck officers who 
                        represent merchant marine deck officers 
                        and, of the 3--
                                  (I) 2 shall be licensed for 
                                oceans any gross tons;
                                  (II) 1 shall be licensed for 
                                inland river route with a 
                                limited or unlimited tonnage;
                                  (III) 2 shall have a master's 
                                license or a master of towing 
                                vessels license;
                                  (IV) 1 shall have significant 
                                tanker experience; and
                                  (V) to the extent 
                                practicable--
                                          (aa) 1 shall 
                                        represent labor; and
                                          (bb) 1 shall 
                                        represent management;
                          (iii) 3 shall be engineering officers 
                        who represent merchant marine 
                        engineering officers and, of the 3--
                                  (I) 2 shall be licensed as 
                                chief engineer any horsepower;
                                  (II) 1 shall be licensed as 
                                either a limited chief engineer 
                                or a designated duty engineer; 
                                and
                                  (III) to the extent 
                                practicable--
                                          (aa) 1 shall 
                                        represent labor; and
                                          (bb) 1 shall 
                                        represent management;
                          (iv) 2 shall be unlicensed seamen who 
                        represent merchant marine unlicensed 
                        seaman and, of the 2--
                                  (I) 1 shall represent able-
                                bodied seamen; and
                                  (II) 1 shall represent 
                                qualified members of the engine 
                                department; and
                          (v) 1 shall be a pilot who represents 
                        merchant marine pilots.
                  (B) 6 members shall represent marine 
                educators and, of the 6--
                          (i) 3 shall be marine educators who 
                        represent maritime academies and, of 
                        the 3--
                                  (I) 2 shall represent State 
                                maritime academies (and are 
                                jointly recommended by such 
                                academies); and
                                  (II) 1 shall represent either 
                                State maritime academies or the 
                                United States Merchant Marine 
                                Academy; and
                          (ii) 3 shall be marine educators who 
                        represent other maritime training 
                        institutions and, of the 3, 1 shall 
                        represent the small vessel industry.
                  (C) 2 members shall represent shipping 
                companies employed in ship operation 
                management.
                  (D) 2 members shall represent the general 
                public.

Sec. 1304. National Merchant Mariner Medical Advisory Committee

  (a) Establishment.--There is established a National Merchant 
Mariner Medical Advisory Committee (in this section referred to 
as the ``Committee'').
  (b) Function.--The Committee shall advise the Secretary on 
matters relating to--
          (1) medical certification determinations for the 
        issuance of licenses, certification of registry, and 
        merchant mariners' documents with respect to merchant 
        mariners;
          (2) medical standards and guidelines for the physical 
        qualifications of operators of commercial vessels;
          (3) medical examiner education; and
          (4) medical research.
  (c) Membership.--
          (1) In general.--The Committee shall consist of 14 
        members appointed by the Secretary in accordance with 
        this section and section 1309 of this chapter.
          (2) Expertise.--Each member of the Committee shall 
        have particular expertise, knowledge, and experience in 
        matters relating to the function of the Committee.
          (3) Representation.--Members of the Committee shall 
        be appointed as follows:
                  (A) 9 shall represent health-care 
                professionals and have particular expertise, 
                knowledge, and experience regarding the medical 
                examinations of merchant mariners or 
                occupational medicine.
                  (B) 5 shall represent professional mariners 
                and have particular expertise, knowledge, and 
                experience in occupational requirements for 
                mariners.

Sec. 1305. National Boating Safety Advisory Committee

  (a) Establishment.--There is established a National Boating 
Safety Advisory Committee (in this section referred to as the 
``Committee'').
  (b) Function.--The Committee shall advise the Secretary on 
matters relating to national boating safety.
  (c) Membership.--
          (1) In general.--The Committee shall consist of 21 
        members appointed by the Secretary in accordance with 
        this section and section 1309 of this chapter.
          (2) Expertise.--Each member of the Committee shall 
        have particular expertise, knowledge, and experience in 
        matters relating to the function of the Committee.
          (3) Representation.--Members of the Committee shall 
        be appointed as follows:
                  (A) 7 members shall represent State officials 
                responsible for State boating safety programs.
                  (B) 7 members shall represent recreational 
                vessel and associated equipment manufacturers.
                  (C) 7 members shall represent the general 
                public or national recreational boating 
                organizations and, of the 7, at least 5 shall 
                represent national recreational boating 
                organizations.

Sec. 1306. National Offshore Safety Advisory Committee

  (a) Establishment.--There is established a National Offshore 
Safety Advisory Committee (in this section referred to as the 
``Committee'').
  (b) Function.--The Committee shall advise the Secretary on 
matters relating to activities directly involved with, or in 
support of, the exploration of offshore mineral and energy 
resources, to the extent that such matters are within the 
jurisdiction of the Coast Guard.
  (c) Membership.--
          (1) In general.--The Committee shall consist of 15 
        members appointed by the Secretary in accordance with 
        this section and section 1309 of this chapter.
          (2) Expertise.--Each member of the Committee shall 
        have particular expertise, knowledge, and experience in 
        matters relating to the function of the Committee.
          (3) Representation.--Members of the Committee shall 
        be appointed as follows:
                  (A) 2 members shall represent entities 
                engaged in the production of petroleum.
                  (B) 2 members shall represent entities 
                engaged in offshore drilling.
                  (C) 2 members shall represent entities 
                engaged in the support, by offshore supply 
                vessels or other vessels, of offshore mineral 
                and oil operations, including geophysical 
                services.
                  (D) 1 member shall represent entities engaged 
                in the construction of offshore exploration and 
                recovery facilities.
                  (E) 1 member shall represent entities engaged 
                in diving services related to offshore 
                construction, inspection, and maintenance.
                  (F) 1 member shall represent entities engaged 
                in safety and training services related to 
                offshore exploration and construction.
                  (G) 1 member shall represent entities engaged 
                in pipelaying services related to offshore 
                construction.
                  (H) 2 members shall represent individuals 
                employed in offshore operations and, of the 2, 
                1 shall have recent practical experience on a 
                vessel or offshore unit involved in the 
                offshore mineral and energy industry.
                  (I) 1 member shall represent national 
                environmental entities.
                  (J) 1 member shall represent deepwater ports.
                  (K) 1 member shall represent the general 
                public (but not a specific environmental 
                group).

Sec. 1307. National Navigation Safety Advisory Committee

  (a) Establishment.--There is established a National 
Navigation Safety Advisory Committee (in this section referred 
to as the ``Committee'').
  (b) Function.--The Committee shall advise the Secretary on 
matters relating to maritime collisions, rammings, and 
groundings, Inland Rules of the Road, International Rules of 
the Road, navigation regulations and equipment, routing 
measures, marine information, and aids to navigation systems.
  (c) Membership.--
          (1) In general.--The Committee shall consist of not 
        more than 21 members appointed by the Secretary in 
        accordance with this section and section 1309 of this 
        chapter.
          (2) Expertise.--Each member of the Committee shall 
        have particular expertise, knowledge, and experience in 
        matters relating to the function of the Committee.
          (3) Representation.--Each member of the Committee 
        shall represent 1 of the following:
                  (A) Commercial vessel owners or operators.
                  (B) Professional mariners.
                  (C) Recreational boaters.
                  (D) The recreational boating industry.
                  (E) State agencies responsible for vessel or 
                port safety.
                  (F) The Maritime Law Association.
          (4) Distribution.--The Secretary shall, based on the 
        needs of the Coast Guard, determine the number of 
        members of the Committee who represent each entity 
        specified in paragraph (3). Neither this paragraph nor 
        any other provision of law shall be construed to 
        require an equal distribution of members representing 
        each entity specified in paragraph (3).

Sec. 1308. National Towing Safety Advisory Committee

  (a) Establishment.--There is established a National Towing 
Safety Advisory Committee (in this section referred to as the 
``Committee'').
  (b) Function.--The Committee shall advise the Secretary on 
matters relating to shallow-draft inland navigation, coastal 
waterway navigation, and towing safety.
  (c) Membership.--
          (1) In general.--The Committee shall consist of 18 
        members appointed by the Secretary in accordance with 
        this section and section 1309 of this chapter.
          (2) Expertise.--Each member of the Committee shall 
        have particular expertise, knowledge, and experience in 
        matters relating to the function of the Committee.
          (3) Representation.--Members of the Committee shall 
        be appointed as follows:
                  (A) 7 members shall represent the barge and 
                towing industry, reflecting a regional 
                geographic balance.
                  (B) 1 member shall represent the offshore 
                mineral and oil supply vessel industry.
                  (C) 1 member shall represent masters and 
                pilots of towing vessels who hold active 
                licenses and have experience on the Western 
                Rivers and the Gulf Intracoastal Waterway.
                  (D) 1 member shall represent masters of 
                towing vessels in offshore service who hold 
                active licenses.
                  (E) 1 member shall represent masters of 
                active ship-docking or harbor towing vessels.
                  (F) 1 member shall represent licensed and 
                unlicensed towing vessel engineers with formal 
                training and experience.
                  (G) 2 members shall represent port districts, 
                authorities, or terminal operators.
                  (H) 2 members shall represent shippers and, 
                of the 2, 1 shall be engaged in the shipment of 
                oil or hazardous materials by barge.
                  (I) 2 members shall represent the general 
                public.

Sec. 1309. Administration

  (a) Meetings.--Each committee established under this chapter 
shall, at least once each year, meet at the call of the 
Secretary or a majority of the members of the committee.
  (b) Employee Status.--A member of a committee established 
under this chapter shall not be considered an employee of the 
Federal Government by reason of service on such committee, 
except for the purposes of the following:
          (1) Chapter 81 of title 5.
          (2) Chapter 171 of title 28 and any other Federal law 
        relating to tort liability.
  (c) Compensation.--Notwithstanding subsection (b), a member 
of a committee established under this chapter, when actually 
engaged in the performance of the duties of such committee, 
may--
          (1) receive compensation at a rate established by the 
        Secretary, not to exceed the maximum daily rate payable 
        under section 5376 of title 5; or
          (2) if not compensated in accordance with paragraph 
        (1)--
                  (A) be reimbursed for actual and reasonable 
                expenses incurred in the performance of such 
                duties; or
                  (B) be allowed travel expenses, including per 
                diem in lieu of subsistence, as authorized by 
                section 5703 of title 5.
  (d) Acceptance of Volunteer Services.--A member of a 
committee established under this chapter may serve on such 
committee on a voluntary basis without pay without regard to 
section 1342 of title 31 or any other law.
  (e) Status of Members.--
          (1) In general.--Except as provided in paragraph (2), 
        with respect to a member of a committee established 
        under this chapter whom the Secretary appoints to 
        represent an entity or group--
                  (A) the member is authorized to represent the 
                interests of the applicable entity or group; 
                and
                  (B) requirements under Federal law that would 
                interfere with such representation and that 
                apply to a special Government employee (as 
                defined in section 202(a) of title 18), 
                including requirements relating to employee 
                conduct, political activities, ethics, 
                conflicts of interest, and corruption, do not 
                apply to the member.
          (2) Exception.--Notwithstanding subsection (b), a 
        member of a committee established under this chapter 
        shall be treated as a special Government employee for 
        purposes of the committee service of the member if--
                  (A) the Secretary appointed the member to 
                represent the general public; or
                  (B) the member, without regard to service on 
                the committee, is a special Government 
                employee.
  (f) Service on Committee.--
          (1) Solicitation of nominations.--Before appointing 
        an individual as a member of a committee established 
        under this chapter, the Secretary shall publish, in the 
        Federal Register, a timely notice soliciting 
        nominations for membership on such committee.
          (2) Appointments.--
                  (A) In general.--After considering 
                nominations received pursuant to a notice 
                published under paragraph (1), the Secretary 
                may, as necessary, appoint a member to the 
                applicable committee established under this 
                chapter.
                  (B) Prohibition.--The Secretary shall not 
                seek, consider, or otherwise use information 
                concerning the political affiliation of a 
                nominee in making an appointment to any 
                committee established under this chapter.
          (3) Service at pleasure of the secretary.--Each 
        member of a committee established under this chapter 
        shall serve at the pleasure of the Secretary.
          (4) Security background examinations.--The Secretary 
        may require an individual to have passed an appropriate 
        security background examination before appointment to a 
        committee established under this chapter.
          (5) Prohibition.--
                  (A) In general.--Except as provided in 
                subparagraph (B), a Federal employee may not be 
                appointed as a member of a committee 
                established under this chapter.
                  (B) Special rule for national merchant marine 
                personnel advisory committee.--The Secretary 
                may appoint a Federal employee to serve as a 
                member of the National Merchant Marine 
                Personnel Advisory Committee to represent the 
                interests of the United States Merchant Marine 
                Academy and, notwithstanding paragraphs (1) and 
                (2), may do so without soliciting, receiving, 
                or considering nominations for such 
                appointment.
          (6) Terms.--
                  (A) In general.--The term of each member of a 
                committee established under this chapter shall 
                expire--
                          (i) December 31 of the third full 
                        year after the effective date of the 
                        appointment; or
                          (ii) in the case of a member filling 
                        a vacancy caused by another member not 
                        completing a full term, at the end of 
                        the unexpired term of the member 
                        succeeded.
                  (B) Total number.--
                          (i) In general.--Except as provided 
                        in clause (ii), members first appointed 
                        to a committee established under this 
                        chapter after January 1, 2018, may not 
                        serve more than 2 terms.
                          (ii) Exceptions.--
                                  (I) Vacancies.--A member 
                                appointed to a committee 
                                established under this chapter 
                                to fill a vacancy caused by 
                                another member not completing a 
                                full term may be appointed to 2 
                                terms in addition to the 
                                unexpired term of the member 
                                succeeded.
                                  (II) Chairmen.--A member 
                                elected Chairman of a committee 
                                established under this chapter 
                                may serve up to 3 terms.
                  (C) Continued service after term.--When the 
                term of a member of a committee established 
                under this chapter ends, the member, for a 
                period not to exceed 1 year, may continue to 
                serve as a member until a successor is 
                appointed.
          (7) Vacancies.--A vacancy on a committee established 
        under this chapter shall be filled in the same manner 
        as the original appointment.
          (8) Special rule for reappointments.--Notwithstanding 
        paragraphs (1) and (2), the Secretary may reappoint a 
        member of a committee established under this chapter 
        for any term, other than the first term of the member, 
        without soliciting, receiving, or considering 
        nominations for such appointment.
  (g) Staff Services.--The Secretary shall furnish to each 
committee established under this chapter any staff and services 
considered by the Secretary to be necessary for the conduct of 
the committee's functions.
  (h) Chairman; Vice Chairman.--
          (1) In general.--Each committee established under 
        this chapter shall elect a Chairman and Vice Chairman 
        from among the committee's members.
          (2) Vice chairman acting as chairman.--The Vice 
        Chairman shall act as Chairman in the absence or 
        incapacity of, or in the event of a vacancy in the 
        office of, the Chairman.
  (i) Subcommittees and Working Groups.--
          (1) In general.--The Chairman of a committee 
        established under this chapter may establish and 
        disestablish subcommittees and working groups for any 
        purpose consistent with the function of the committee.
          (2) Participants.--Subject to conditions imposed by 
        the Chairman, members of a committee established under 
        this chapter and additional persons drawn from entities 
        or groups designated by this chapter to be represented 
        on the committee or the general public may be assigned 
        to subcommittees and working groups established under 
        paragraph (1).
          (3) Chair.--Only committee members may chair 
        subcommittees and working groups established under 
        paragraph (1).
  (j) Consultation.--Before taking any significant action, the 
Secretary shall consult with, and consider the information, 
advice, and recommendations of, a committee established under 
this chapter if the function of the committee is to advise the 
Secretary on matters related to the significant action.
  (k) Termination.--Each committee established under this 
chapter shall terminate on September 30, 2027.
  (l) Advice, Reports, and Recommendations.--
          (1) In general.--Each committee established under 
        this chapter shall submit its advice, reports, and 
        recommendations to the Secretary.
          (2) Submission to congress.--The Secretary shall 
        submit such advice, reports, and recommendations to the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate.
  (m) Observers.--Any Federal agency with matters under such 
agency's administrative jurisdiction related to the function of 
a committee established under this chapter may designate a 
representative to--
          (1) attend any meeting of such committee; and
          (2) participate as an observer at meetings of such 
        committee that relate to such a matter.

  [CHAPTER 13--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS]

[Sec.
[461. Remission of indebtedness.
[467. Computation of length of service.
[468. Procurement of personnel.
[469. Training.
[470. Special instruction at universities.
[471. Attendance at professional meetings.
[472. Education loan repayment program.
[475. Leasing and hiring of quarters; rental of inadequate housing.
[476. Contingent expenses.
[477. Equipment to prevent accidents.
[478. Rations or commutation therefor in money.
[479. Sales of ration supplies to messes.
[480. Flight rations.
[481. Payments at time of discharge for good of service.
[482. Clothing at time of discharge for good of service.
[483. Right to wear uniform.
[484. Protection of uniform.
[485. Clothing for officers and enlisted personnel.
[486. Clothing for destitute shipwrecked persons.
[487. Procurement and sale of stores to members and civilian employees.
[488. Advancement of public funds to personnel.
[491. Medal of honor.
[491a. Coast Guard cross.
[492. Distinguished service medal.
[492a. Silver star medal.
[492b. Distinguished flying cross.
[493. Coast Guard medal.
[494. Insignia for additional awards.
[496. Time limit on award; report concerning deed.
[497. Honorable subsequent service as condition to award.
[498. Posthumous awards.
[499. Delegation of powers to make awards; rules and regulations.
[500. Life-saving medals.
[501. Replacement of medals.
[502. Award of other medals.
[503. Awards and insignia for excellence in service or conduct.
[504. Medal of honor: duplicate medal.
[505. Medal of honor: presentation of Medal of Honor Flag.
[507. Disposition of effects of decedents.
[508. Deserters; payment of expenses incident to apprehension and 
          delivery; penalties.
[509. Persons discharged as result of court-martial; allowances to.
[510. Shore patrol duty; payment of expenses.
[511. Compensatory absence from duty for military personnel at isolated 
          duty stations.
[512. Monetary allowance for transportation of household effects.
[513. Retroactive payment of pay and allowances delayed by 
          administrative error or oversight.
[516. Presentation of United States flag upon retirement.
[517. Travel card management.
[518. Reimbursement for medical-related travel expenses for certain 
          persons residing on islands in the continental United States.
[519. Annual audit of pay and allowances of members undergoing permanent 
          change of station.
[520. Prospective payment of funds necessary to provide medical care.]

        [CHAPTER 14--COAST GUARD FAMILY SUPPORT AND CHILD CARE]

                    [SUBCHAPTER I--GENERAL PROVISIONS

[Sec.
[531. Work-life policies and programs.
[532. Surveys of Coast Guard families.

               [SUBCHAPTER II--COAST GUARD FAMILY SUPPORT

[541. Reimbursement for adoption expenses.
[542. Education and training opportunities for Coast Guard spouses.
[543. Youth sponsorship initiatives.
[544. Dependent school children.

                 [SUBCHAPTER III--COAST GUARD CHILD CARE

[551. Definitions.
[552. Child development services.
[553. Child development center standards and inspections.
[554. Child development center employees.
[555. Parent partnerships with child development centers.]

                   [SUBCHAPTER I--GENERAL PROVISIONS]

              [SUBCHAPTER II--COAST GUARD FAMILY SUPPORT]

                [SUBCHAPTER III--COAST GUARD CHILD CARE]

                       [CHAPTER 15--ACQUISITIONS]

                    [SUBCHAPTER I--GENERAL PROVISIONS

[Sec.
[561. Acquisition directorate.
[562. Improvements in Coast Guard acquisition management.
[563. Recognition of Coast Guard personnel for excellence in 
          acquisition.
[564. Prohibition on use of lead systems integrators.
[565. Required contract terms.
[566. Department of Defense consultation.
[567. Undefinitized contractual actions.
[568. Guidance on excessive pass-through charges.
[569. Mission need statement.

       [SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES

[571. Identification of major system acquisitions.
[572. Acquisition.
[573. Preliminary development and demonstration.
[574. Acquisition, production, deployment, and support.
[575. Acquisition program baseline breach.
[576. Acquisition approval authority.
[577. Advance procurement funding.
[578. Role of Vice Commandant in major acquisition programs.
[579. Extension of major acquisition program contracts.

                      [SUBCHAPTER III--DEFINITIONS

[581. Definitions.]

                   [SUBCHAPTER I--GENERAL PROVISIONS]

      [SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES]

                     [SUBCHAPTER III--DEFINITIONS]

                      [CHAPTER 17--ADMINISTRATION]

[Sec.
[631. Delegation of powers by the Secretary.
[632. Functions and powers vested in the Commandant.
[633. Regulations.
[634. Officers holding certain offices.
[635. Oaths required for boards.
[636. Administration of oaths.
[637. Stopping vessels; indemnity for firing at or into vessel.
[638. Coast Guard ensigns and pennants.
[639. Penalty for unauthorized use of words ``Coast Guard''.
[640. Coast Guard band recordings for commercial sale.
[641. Disposal of certain material.
[642. Deposit of damage payments.
[643. Rewards for apprehension of persons interfering with aids to 
          navigation.
[644. Payment for the apprehension of stragglers.
[645. Confidentiality of medical quality assurance records; qualified 
          immunity for participants.
[646. Admiralty claims against the United States.
[647. Claims for damage to property of the United States.
[648. Accounting for industrial work.
[649. Supplies and equipment from stock.
[650. Coast Guard Supply Fund.
[652. Removing restrictions.
[653. Employment of draftsmen and engineers.
[654. Public and commercial vessels and other watercraft; sale of fuel, 
          supplies, and services.
[655. Arms and ammunition; immunity from taxation.
[656. Use of certain appropriated funds.
[658. Confidential investigative expenses.
[659. Assistance to film producers.
[660. Transportation to and from certain places of employment.
[664. User fees.
[665. Restriction on construction of vessels in foreign shipyards.
[666. Local hire.
[667. Vessel construction bonding requirements.
[668. Contracts for medical care for retirees, dependents, and 
          survivors: alternative delivery of health care.
[669. Telephone installation and charges.
[670. Procurement authority for family housing.
[671. Air Station Cape Cod Improvements.
[672. Long-term lease of special purpose facilities.
[672a. Long-term lease authority for lighthouse property.
[673. Designation, powers, and accountability of deputy disbursing 
          officials.
[674. Small boat station rescue capability.
[675. Small boat station closures.
[676. Search and rescue center standards.
[676a. Air facility closures.
[677. Turnkey selection procedures.
[678. Aircraft accident investigations.
[679. Inventory of real property.
[680. Retired service members and dependents serving on advisory 
          committees.
[681. Disposition of infrastructure related to E-LORAN.]

[Sec. 634. Officers holding certain offices

  [(a) Any officer, including any petty officer, may be 
designated by the Commandant as captain of the port or ports or 
adjacent high seas or waters over which the United States has 
jurisdiction, as the Commandant deems necessary to facilitate 
execution of Coast Guard duties.
  [(b) Commissioned officers may be appointed as United States 
Deputy Marshals in Alaska.]

             [CHAPTER 18--COAST GUARD HOUSING AUTHORITIES]

[Sec.
[680. Definitions.
[681. General authority.
[685. Conveyance of real property.
[687. Coast Guard Housing Fund.
[688. Reports.]

                         SUBTITLE II--PERSONNEL

Chap.                                                               Sec.
      Coast Guard Academy...........................................1901
      Personnel; Officers...........................................2101
      Personnel; Enlisted...........................................2301
      Personnel; General Provisions.................................2501
      Pay, Allowances, Awards, and Other Rights and Benefits........2701
      Coast Guard Family Support, Child Care, and Housing...........2901

 CHAPTER 19--[ENVIRONMENTAL COMPLIANCE AND RESTORATION PROGRAM] COAST 
                             GUARD ACADEMY

Sec.
[690. Definitions.
[691. Environmental Compliance and Restoration Program.
[692. Environmental Compliance and Restoration Account.
[693. Annual list of projects to Congress.]

                       SUBCHAPTER I-ADMINISTRATION

1901. Administration of Academy.
1902. Policy on sexual harassment and sexual violence.
1903. Annual Board of Visitors.
1904. Participation in Federal, State, or other educational research 
          grants.

                          SUBCHAPTER II-CADETS

1921. Corps of Cadets authorized strength.
1922. Appointments.
1923. Admission of foreign nationals for instruction; restrictions; 
          conditions.
1924. Conduct.
1925. Agreement.
1926. Cadet applicants; preappointment travel to Academy.
1927. Cadets; initial clothing allowance.
1928. Cadets; degree of bachelor of science.
1929. Cadets; appointment as ensign.
1930. Cadets: charges and fees for attendance; limitation.

                         SUBCHAPTER III-FACULTY

1941. Civilian teaching staff.
1942. Permanent commissioned teaching staff; composition.
1943. Appointment of permanent commissioned teaching staff.
1944. Grade of permanent commissioned teaching staff.
1945. Retirement of permanent commissioned teaching staff.
1946. Credit for service as member of civilian teaching staff.
1947. Assignment of personnel as instructors.
1948. Marine safety curriculum.

                      SUBCHAPTER I--ADMINISTRATION

Sec. [181]  1901. Administration of Academy

  The immediate government and military command of the Coast 
Guard Academy shall be in the Superintendent of the Academy, 
subject to the direction of the Commandant under the general 
supervision of the Secretary. The Commandant may select a 
superintendent from the active list of the Coast Guard who 
shall serve in the pleasure of the Commandant.

Sec. [200]  1902. Policy on sexual harassment and sexual violence

  (a) Required Policy.--The Commandant of the Coast Guard shall 
direct the Superintendent of the Coast Guard Academy to 
prescribe a policy on sexual harassment and sexual violence 
applicable to the cadets and other personnel of the Academy.
  (b) Matters To Be Specified in Policy.--The policy on sexual 
harassment and sexual violence under this section shall include 
specification of the following:
          (1) Programs to promote awareness of the incidence of 
        rape, acquaintance rape, and other sexual offenses of a 
        criminal nature that involve cadets or other Academy 
        personnel.
          (2) Information about how the Coast Guard and the 
        Academy will protect the confidentiality of victims of 
        sexual harassment or sexual violence, including how any 
        records, statistics, or reports intended for public 
        release will be formatted such that the confidentiality 
        of victims is not jeopardized.
          (3) Procedures that cadets and other Academy 
        personnel should follow in the case of an occurrence of 
        sexual harassment or sexual violence, including--
                  (A) if the victim chooses to report an 
                occurrence of sexual harassment or sexual 
                violence, a specification of the person or 
                persons to whom the alleged offense should be 
                reported and options for confidential 
                reporting, including written information to be 
                given to victims that explains how the Coast 
                Guard and the Academy will protect the 
                confidentiality of victims;
                  (B) a specification of any other person whom 
                the victim should contact; and
                  (C) procedures on the preservation of 
                evidence potentially necessary for proof of 
                criminal sexual assault.
          (4) Procedures for disciplinary action in cases of 
        criminal sexual assault involving a cadet or other 
        Academy personnel.
          (5) Sanctions authorized to be imposed in a 
        substantiated case of sexual harassment or sexual 
        violence involving a cadet or other Academy personnel, 
        including with respect to rape, acquaintance rape, or 
        other criminal sexual offense, whether forcible or 
        nonforcible.
          (6) Required training on the policy for all cadets 
        and other Academy personnel who process allegations of 
        sexual harassment or sexual violence involving a cadet 
        or other Academy personnel.
  (c) Assessment.--
          (1) In general.--The Commandant shall direct the 
        Superintendent to conduct at the Academy during each 
        Academy program year an assessment to determine the 
        effectiveness of the policies of the Academy with 
        respect to sexual harassment and sexual violence 
        involving cadets or other Academy personnel.
          (2) Biennial survey.--For the assessment at the 
        Academy under paragraph (1) with respect to an Academy 
        program year that begins in an odd-numbered calendar 
        year, the Superintendent shall conduct a survey of 
        cadets and other Academy personnel--
                  (A) to measure--
                          (i) the incidence, during that 
                        program year, of sexual harassment and 
                        sexual violence events, on or off the 
                        Academy reservation, that have been 
                        reported to an official of the Academy; 
                        and
                          (ii) the incidence, during that 
                        program year, of sexual harassment and 
                        sexual violence events, on or off the 
                        Academy reservation, that have not been 
                        reported to an official of the Academy; 
                        and
                  (B) to assess the perceptions of the cadets 
                and other Academy personnel with respect to--
                          (i) the Academy's policies, training, 
                        and procedures on sexual harassment and 
                        sexual violence involving cadets or 
                        other Academy personnel;
                          (ii) the enforcement of such 
                        policies;
                          (iii) the incidence of sexual 
                        harassment and sexual violence 
                        involving cadets or other Academy 
                        personnel; and
                          (iv) any other issues relating to 
                        sexual harassment and sexual violence 
                        involving cadets or other Academy 
                        personnel.
  (d) Report.--
          (1) In general.--The Commandant shall direct the 
        Superintendent to submit to the Commandant a report on 
        sexual harassment and sexual violence involving cadets 
        or other Academy personnel for each Academy program 
        year.
          (2) Report specifications.--Each report under 
        paragraph (1) shall include, for the Academy program 
        year covered by the report, the following:
                  (A) The number of sexual assaults, rapes, and 
                other sexual offenses involving cadets or other 
                Academy personnel that have been reported to 
                Academy officials during the Academy program 
                year and, of those reported cases, the number 
                that have been substantiated.
                  (B) A plan for the actions that are to be 
                taken in the following Academy program year 
                regarding prevention of and response to sexual 
                harassment and sexual violence involving cadets 
                or other Academy personnel.
          (3) Biennial survey.--Each report under paragraph (1) 
        for an Academy program year that begins in an odd-
        numbered calendar year shall include the results of the 
        survey conducted in that Academy program year under 
        subsection (c)(2).
          (4) Transmission of report.--The Commandant shall 
        transmit each report received by the Commandant under 
        this subsection, together with the Commandant's 
        comments on the report, to--
                  (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                  (B) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
          (5) Focus groups.--
                  (A) In general.--For each Academy program 
                year with respect to which the Superintendent 
                is not required to conduct a survey at the 
                Academy under subsection (c)(2), the Commandant 
                shall require focus groups to be conducted at 
                the Academy for the purposes of ascertaining 
                information relating to sexual assault and 
                sexual harassment issues at the Academy.
                  (B) Inclusion in reports.--Information 
                derived from a focus group under subparagraph 
                (A) shall be included in the next transmitted 
                Commandant's report under this subsection.
  (e) Victim Confidentiality.--To the extent that information 
collected under the authority of this section is reported or 
otherwise made available to the public, such information shall 
be provided in a form that is consistent with applicable 
privacy protections under Federal law and does not jeopardize 
the confidentiality of victims.

Sec. [194]  1903. Annual Board of Visitors

  (a) In General.--A Board of Visitors to the Coast Guard 
Academy is established to review and make recommendations on 
the operation of the Academy.
  (b) Membership.--
          (1) In general.--The membership of the Board shall 
        consist of the following:
                  (A) The chairman of the Committee on 
                Commerce, Science, and Transportation of the 
                Senate, or the chairman's designee.
                  (B) The chairman of the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives, or the chairman's designee.
                  (C) 3 Members of the Senate designated by the 
                Vice President.
                  (D) 4 Members of the House of Representatives 
                designated by the Speaker of the House of 
                Representatives.
                  (E) 6 individuals designated by the 
                President.
          (2) Length of service.--
                  (A) Members of congress.--A Member of 
                Congress designated under subparagraph (C) or 
                (D) of paragraph (1) as a member of the Board 
                shall be designated as a member in the First 
                Session of a Congress and serve for the 
                duration of that Congress.
                  (B) Individuals designated by the 
                president.--Each individual designated by the 
                President under subparagraph (E) of paragraph 
                (1) shall serve as a member of the Board for 3 
                years, except that any such member whose term 
                of office has expired shall continue to serve 
                until a successor is appointed.
          (3) Death or resignation of a member.--If a member of 
        the Board dies or resigns, a successor shall be 
        designated for any unexpired portion of the term of the 
        member by the official who designated the member.
  (c) Academy Visits.--
          (1) Annual visit.--The Board shall visit the Academy 
        annually to review the operation of the Academy.
          (2) Additional visits.--With the approval of the 
        Secretary, the Board or individual members of the Board 
        may make other visits to the Academy in connection with 
        the duties of the Board or to consult with the 
        Superintendent of the Academy.
  (d) Scope of Review.--The Board shall review, with respect to 
the Academy--
          (1) the state of morale and discipline;
          (2) the curriculum;
          (3) instruction;
          (4) physical equipment;
          (5) fiscal affairs; and
          (6) other matters relating to the Academy that the 
        Board determines appropriate.
  (e) Report.--Not later than 60 days after the date of an 
annual visit of the Board under subsection (c)(1), the Board 
shall submit to the Secretary, the Committee on Commerce, 
Science, and Transportation of the Senate, and the Committee on 
Transportation and Infrastructure of the House of 
Representatives a report on the actions of the Board during 
such visit and the recommendations of the Board pertaining to 
the Academy.
  (f) Advisors.--If approved by the Secretary, the Board may 
consult with advisors in carrying out this section.
  (g) Reimbursement.--Each member of the Board and each adviser 
consulted by the Board under subsection (f) shall be 
reimbursed, to the extent permitted by law, by the Coast Guard 
for actual expenses incurred while engaged in duties as a 
member or adviser.

Sec. [196]  1904. Participation in Federal, State, or other educational 
                    research grants

  (a) In General.--Notwithstanding any other provision of law, 
the United States Coast Guard Academy may compete for and 
accept Federal, State, or other educational research grants, 
subject to the following limitations:
          (1) No award may be accepted for the acquisition or 
        construction of facilities.
          (2) No award may be accepted for the routine 
        functions of the Academy.
  (b) Qualified Organizations.--
          (1) In general.--The Commandant of the Coast Guard 
        may--
                  (A) enter into a contract, cooperative 
                agreement, lease, or licensing agreement with a 
                qualified organization;
                  (B) allow a qualified organization to use, at 
                no cost, personal property of the Coast Guard; 
                and
                  (C) notwithstanding section 93, accept funds, 
                supplies, and services from a qualified 
                organization.
          (2) Sole-source basis.--Notwithstanding chapter 65 of 
        title 31 and chapter 137 of title 10, the Commandant 
        may enter into a contract or cooperative agreement 
        under paragraph (1)(A) on a sole-source basis.
          (3) Maintaining fairness, objectivity, and 
        integrity.--The Commandant shall ensure that 
        contributions under this subsection do not--
                  (A) reflect unfavorably on the ability of the 
                Coast Guard, any of its employees, or any 
                member of the armed forces to carry out any 
                responsibility or duty in a fair and objective 
                manner; or
                  (B) compromise the integrity or appearance of 
                integrity of any program of the Coast Guard, or 
                any individual involved in such a program.
          (4) Limitation.--For purposes of this subsection, 
        employees or personnel of a qualified organization 
        shall not be employees of the United States.
          (5) Qualified organization defined.--In this 
        subsection the term ``qualified organization'' means an 
        organization--
                  (A) described under section 501(c)(3) of the 
                Internal Revenue Code of 1986 and exempt from 
                taxation under section 501(a) of that Code; and
                  (B) established by the Coast Guard Academy 
                Alumni Association solely for the purpose of 
                supporting academic research and applying for 
                and administering Federal, State, or other 
                educational research grants on behalf of the 
                Coast Guard Academy.

                         SUBCHAPTER II--CADETS

Sec. 1921. Corps of Cadets authorized strength

  The number of cadets appointed annually to the Academy shall 
be as determined by the Secretary but the number appointed in 
any one year shall not exceed six hundred.

Sec. 1922. Appointments

  Appointments to cadetships shall be made under regulations 
prescribed by the Secretary, who shall determine age limits, 
methods of selection of applicants, term of service as a cadet 
before graduation, and all other matters affecting such 
appointments. In the administration of this section, the 
Secretary shall take such action as may be necessary and 
appropriate to insure that female individuals shall be eligible 
for appointment and admission to the Coast Guard Academy, and 
that the relevant standards required for appointment, 
admission, training, graduation, and commissioning of female 
individuals shall be the same as those required for male 
individuals, except for those minimum essential adjustments in 
such standards required because of physiological differences 
between male and female individuals.

Sec. [195]  1923. Admission of foreign nationals for instruction; 
                    restrictions; conditions

  (a) A foreign national may not receive instruction at the 
Academy except as authorized by this section.
  (b) The President may designate not more than 36 foreign 
nationals whom the Secretary may permit to receive instruction 
at the Academy.
  (c) A foreign national receiving instruction under this 
section is entitled to the same pay, allowances, and 
emoluments, to be paid from the same appropriations, as a cadet 
appointed pursuant to section [182] 1922 of this title. A 
foreign national may receive instruction under this section 
only if his country agrees in advance to reimburse the United 
States, at a rate determined by the Secretary, for the cost of 
providing such instruction, including pay, allowances, and 
emoluments, unless a waiver therefrom has been granted to that 
country by the Secretary. Funds received by the Secretary for 
this purpose shall be credited to the appropriations bearing 
the cost thereof, and may be apportioned between fiscal years.
  (d) A foreign national receiving instruction under this 
section is--
          (1) not entitled to any appointment in the Coast 
        Guard by reason of his graduation from the Academy; and
          (2) subject to those regulations applicable to the 
        Academy governing admission, attendance, discipline, 
        resignation, discharge, dismissal, and graduation, 
        except as may otherwise be prescribed by the Secretary.

Sec. 1924. Conduct

  The Secretary may summarily dismiss from the Coast Guard any 
cadet who, during his cadetship, is found unsatisfactory in 
either studies or conduct, or may be deemed not adapted for a 
career in the Coast Guard. Cadets shall be subject to rules 
governing discipline prescribed by the Commandant.

Sec. 1925. Agreement

  (a) Each cadet shall sign an agreement with respect to the 
cadet's length of service in the Coast Guard. The agreement 
shall provide that the cadet agrees to the following:
          (1) That the cadet will complete the course of 
        instruction at the Coast Guard Academy.
          (2) That upon graduation from the Coast Guard Academy 
        the cadet--
                  (A) will accept an appointment, if tendered, 
                as a commissioned officer of the Coast Guard; 
                and
                  (B) will serve on active duty for at least 
                five years immediately after such appointment.
          (3) That if an appointment described in paragraph (2) 
        is not tendered or if the cadet is permitted to resign 
        as a regular officer before the completion of the 
        commissioned service obligation of the cadet, the 
        cadet--
                  (A) will accept an appointment as a 
                commissioned officer in the Coast Guard 
                Reserve; and
                  (B) will remain in that reserve component 
                until completion of the commissioned service 
                obligation of the cadet.
  (b)(1) The Secretary may transfer to the Coast Guard Reserve, 
and may order to active duty for such period of time as the 
Secretary prescribes (but not to exceed four years), a cadet 
who breaches an agreement under subsection (a). The period of 
time for which a cadet is ordered to active duty under this 
paragraph may be determined without regard to section 651(a) of 
title 10.
  (2) A cadet who is transferred to the Coast Guard Reserve 
under paragraph (1) shall be transferred in an appropriate 
enlisted grade or rating, as determined by the Secretary.
  (3) For the purposes of paragraph (1), a cadet shall be 
considered to have breached an agreement under subsection (a) 
if the cadet is separated from the Coast Guard Academy under 
circumstances which the Secretary determines constitute a 
breach by the cadet of the cadet's agreement to complete the 
course of instruction at the Coast Guard Academy and accept an 
appointment as a commissioned officer upon graduation from the 
Coast Guard Academy.
  (c) The Secretary shall prescribe regulations to carry out 
this section. Those regulations shall include--
          (1) standards for determining what constitutes, for 
        the purpose of subsection (b), a breach of an agreement 
        under subsection (a);
          (2) procedures for determining whether such a breach 
        has occurred; and
          (3) standards for determining the period of time for 
        which a person may be ordered to serve on active duty 
        under subsection (b).
  (d) In this section, ``commissioned service obligation'', 
with respect to an officer who is a graduate of the Academy, 
means the period beginning on the date of the officer's 
appointment as a commissioned officer and ending on the sixth 
anniversary of such appointment or, at the discretion of the 
Secretary, any later date up to the eighth anniversary of such 
appointment.
  (e)(1) This section does not apply to a cadet who is not a 
citizen or national of the United States.
  (2) In the case of a cadet who is a minor and who has parents 
or a guardian, the cadet may sign the agreement required by 
subsection (a) only with the consent of the parent or guardian.
  (f) A cadet or former cadet who does not fulfill the terms of 
the obligation to serve as specified under section (a), or the 
alternative obligation imposed under subsection (b), shall be 
subject to the repayment provisions of section 303a(e) of title 
37.

Sec. [181a]  1926. Cadet applicants; preappointment travel to Academy

  The Secretary is authorized to expend appropriated funds for 
selective preappointment travel to the Academy for orientation 
visits of cadet applicants.

Sec. [183]  1927. Cadets; initial clothing allowance

  The Secretary may prescribe a sum which shall be credited to 
each new cadet upon first admission to the Academy, to cover 
the cost of his initial clothing and equipment issue, which sum 
shall be deducted subsequently from his pay. Each cadet 
discharged prior to graduation who is indebted to the United 
States on account of advances of pay to purchase required 
clothing and equipment shall be required to turn in to the 
Academy all clothing and equipment of a distinctively military 
nature to the extent required to discharge such indebtedness; 
and, if the value of such clothing and equipment so turned in 
does not cover the indebtedness incurred, then such 
indebtedness shall be canceled.

Sec. [184]  1928. Cadets; degree of bachelor of science

  The Superintendent of the Academy may, under such rules and 
regulations as the Secretary shall prescribe, confer the degree 
of bachelor of science upon all graduates of the Academy and 
may, in addition, confer the degree of bachelor of science upon 
such other living graduates of the Academy as shall have met 
the requirements of the Academy for such degree.

Sec. [185]  1929. Cadets; appointment as ensign

  The President may, by and with the advice and consent of the 
Senate, appoint as ensigns in the Coast Guard all cadets who 
shall graduate from the Academy. Ensigns so commissioned on the 
same date shall take rank according to their proficiency as 
shown by the order of their merit at date of graduation.

Sec. [197]  1930. Cadets: charges and fees for attendance; limitation

  (a) Prohibition.--Except as provided in subsection (b), no 
charge or fee for tuition, room, or board for attendance at the 
Academy may be imposed unless the charge or fee is specifically 
authorized by a law enacted after October 5, 1994.
  (b) Exception.--The prohibition specified in subsection (a) 
does not apply with respect to any item or service provided to 
cadets for which a charge or fee is imposed as of October 5, 
1994. The Secretary shall notify Congress of any change made by 
the Academy in the amount of a charge or fee authorized under 
this subsection.

                        SUBCHAPTER III--FACULTY

Sec. [186]  1941. Civilian teaching staff

  (a) The Secretary may appoint in the Coast Guard such number 
of civilian faculty members at the Academy as the needs of the 
Service may require. They shall have such titles and perform 
duties as prescribed by the Secretary. Leaves of absence and 
hours of work for civilian faculty members shall be governed by 
regulations promulgated by the Secretary, without regard to the 
provisions of title 5.
  (b) The compensation of persons employed under this section 
is as prescribed by the Secretary.

Sec. [187]  1942. Permanent commissioned teaching staff; composition

  The permanent commissioned teaching staff at the Academy 
shall consist of professors, associate professors, assistant 
professors and instructors, in such numbers as the needs of the 
Service require. They shall perform duties as prescribed by the 
Commandant, and exercise command only in the academic 
department of the Academy.

Sec. [188]  1943. Appointment of permanent commissioned teaching staff

  The President may appoint in the Coast Guard, by and with the 
advice and consent of the Senate, the professors, associate 
professors, assistant professors, and instructors who are to 
serve on the permanent commissioned teaching staff of the 
Academy. An original appointment to the permanent commissioned 
teaching staff, unless the appointee has served as a civilian 
member of the teaching staff, regular commissioned officer, 
temporary commissioned officer, or reserve commissioned officer 
in the Coast Guard, shall be a temporary appointment until the 
appointee has satisfactorily completed a probationary term of 
four years of service; thereafter he may be regularly appointed 
and his rank shall date from the date of his temporary 
appointment in the grade in which permanently appointed.

Sec. [189]  1944. Grade of permanent commissioned teaching staff

  Professors shall be commissioned officers with grade not 
above captain, associate and assistant professors with grade 
not above commander, and instructors with grade not above 
lieutenant commander. All officers of the permanent 
commissioned teaching staff shall receive the pay and 
allowances of other commissioned officers of the same grade and 
length of service. When any such professor, associate 
professor, assistant professor, or instructor is appointed or 
commissioned with grade less than the highest grade permitted, 
he shall be promoted under regulations prescribed by the 
Secretary.

Sec. [190]  1945. Retirement of permanent commissioned teaching staff

  Professors, associate professors, assistant professors, and 
instructors in the Coast Guard shall be subject to retirement 
or discharge from active service for any cause on the same 
basis as other commissioned officers of the Coast Guard, except 
that they shall not be required to retire from active service 
under the provisions of section 288 of this title, nor shall 
they be subject to the provisions of section 289 of this title, 
nor shall they be required to retire at age sixty-two but may 
be permitted to serve until age sixty-four at which time unless 
earlier retired or separated they shall be retired. The 
Secretary may retire any member of the permanent commissioned 
teaching staff who has completed thirty years' active service. 
Service as a civilian member of the teaching staff at the 
Academy in addition to creditable service authorized by any 
other law in any of the military services rendered prior to an 
appointment as a professor, associate professor, assistant 
professor, or instructor shall be credited in computing length 
of service for retirement purposes. The provisions of law 
relating to retirement for disability in line of duty shall not 
apply in the case of a professor, associate professor, 
assistant professor, or instructor serving under a temporary 
appointment.

Sec. [191]  1946. Credit for service as member of civilian teaching 
                    staff

  Service as a member of the civilian teaching staff at the 
Academy in addition to creditable services authorized by any 
other law in any of the military services rendered prior to an 
appointment as professor, associate professor, assistant 
professor, or instructor shall be credited in computing length 
of service as a professor, associate professor, assistant 
professor, or instructor for purposes of pay and allowances.

Sec. [192]  1947. Assignment of personnel as instructors

  The Commandant may assign any member to appropriate 
instruction duty at the Academy.

Sec. [199]  1948. Marine safety curriculum

  The Commandant of the Coast Guard shall ensure that 
professional courses of study in marine safety are provided at 
the Coast Guard Academy, and during other officer accession 
programs, to give Coast Guard cadets and other officer 
candidates a background and understanding of the marine safety 
program. These courses may include such topics as program 
history, vessel design and construction, vessel inspection, 
casualty investigation, and administrative law and regulations.

[Sec. 690. Definitions

  [For the purposes of this chapter--
          [(1) ``environment'', ``facility'', ``person'', 
        ``release'', ``removal'', ``remedial'', and 
        ``response'' have the same meaning they have in section 
        101 of the Comprehensive Environmental Response, 
        Compensation, and Liability Act (42 U.S.C. 9601);
          [(2) ``hazardous substance'' has the same meaning it 
        has in section 101 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act (42 U.S.C. 
        9601), except that it also includes the meaning given 
        ``oil'' in section 311 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1321); and
          [(3) ``pollutant'' has the same meaning it has in 
        section 502 of the Federal Water Pollution Control Act 
        (33 U.S.C. 1362).

[Sec. 691. Environmental Compliance and Restoration Program

  [(a) The Secretary shall carry out a program of environmental 
compliance and restoration at current and former Coast Guard 
facilities.
  [(b) Program goals include:
          [(1) Identifying, investigating, and cleaning up 
        contamination from hazardous substances and pollutants.
          [(2) Correcting other environmental damage that poses 
        an imminent and substantial danger to the public health 
        or welfare or to the environment.
          [(3) Demolishing and removing unsafe buildings and 
        structures, including buildings and structures at 
        former Coast Guard facilities.
          [(4) Preventing contamination from hazardous 
        substances and pollutants at current Coast Guard 
        facilities.
  [(c)(1) The Secretary shall respond to releases of hazardous 
substances and pollutants--
                  [(A) at each Coast Guard facility the United 
                States owns, leases, or otherwise possesses;
                  [(B) at each Coast Guard facility the United 
                States owned, leased, or otherwise possessed 
                when the actions leading to contamination from 
                hazardous substances or pollutants occurred; 
                and
                  [(C) on each vessel the Coast Guard owns or 
                operates.
          [(2) Paragraph (1) of this subsection does not apply 
        to a removal or remedial action when a potentially 
        responsible person responds under section 122 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act (42 U.S.C. 9622).
          [(3) The Secretary shall pay a fee or charge imposed 
        by a State authority for permit services for disposing 
        of hazardous substances or pollutants from Coast Guard 
        facilities to the same extent that nongovernmental 
        entities are required to pay for permit services. This 
        paragraph does not apply to a payment that is the 
        responsibility of a lessee, contractor, or other 
        private person.
  [(d) The Secretary may agree with another Federal agency for 
that agency to assist in carrying out the Secretary's 
responsibilities under this chapter. The Secretary may enter 
into contracts, cooperative agreements, and grant agreements 
with State and local governments to assist in carrying out the 
Secretary's responsibilities under this chapter. Services that 
may be obtained under this subsection include identifying, 
investigating, and cleaning up off-site contamination that may 
have resulted from the release of a hazardous substance or 
pollutant at a Coast Guard facility.
  [(e) Section 119 of the Comprehensive Environmental Response, 
Compensation, and Liability Act (42 U.S.C. 9619) applies to 
response action contractors that carry out response actions 
under this chapter. The Coast Guard shall indemnify response 
action contractors to the extent that adequate insurance is not 
generally available at a fair price at the time the contractor 
enters into the contract to cover the contractor's reasonable, 
potential, long-term liability.

[Sec. 692. Environmental Compliance and Restoration Account

  [(a) There is established for the Coast Guard an account 
known as the Coast Guard Environmental Compliance and 
Restoration Account. All sums appropriated to carry out the 
Coast Guard's environmental compliance and restoration 
functions under this chapter or another law shall be credited 
or transferred to the account and remain available until 
expended.
  [(b) Funds may be obligated or expended from the account to 
carry out the Coast Guard's environmental compliance and 
restoration functions under this chapter or another law.
  [(c) In proposing the budget for any fiscal year under 
section 1105 of title 31, United States Code, the President 
shall set forth separately the amount requested for the Coast 
Guard's environmental compliance and restoration activities 
under this chapter or another law.
  [(d) Amounts recovered under section 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (42 
U.S.C. 9607) for the Secretary's response actions at current 
and former Coast Guard facilities shall be credited to the 
account.

[Sec. 693. Annual list of projects to Congress

  [The Commandant of the Coast Guard shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a prioritized list of projects 
eligible for environmental compliance and restoration funding 
for each fiscal year concurrent with the President's budget 
submission for that fiscal year.]

              [PART II--COAST GUARD RESERVE AND AUXILIARY

[Chap.                                                              Sec.
      Coast Guard Reserve............................................701
      Coast Guard Auxiliary..........................................821
      General Provisions for Coast Guard Reserve and Auxiliary......891]

         CHAPTER 21--[COAST GUARD RESERVE] PERSONNEL; OFFICERS 

[SUBCHAPTER A
[general
[Sec.
[701. Organization.
[702. Authorized strength.
[703. Coast Guard Reserve Boards.
[704. Grades and ratings; military authority.
[705. Benefits.
[706. Temporary members of the Reserve; eligibility and compensation.
[707. Temporary members of the Reserve; disability or death benefits.
[708. Temporary members of the Reserve; certificate of honorable 
          service.
[709. Reserve student aviation pilots; Reserve aviation pilots; 
          appointments in commissioned grade.
[709a. Reserve student pre-commissioning assistance program.
[710. Appointment or wartime promotion; retention of grade upon release 
          from active duty.
[711. Exclusiveness of service.
[712. Active duty for emergency augmentation of regular forces.
[713. Enlistment of members engaged in schooling.
[SUBCHAPTER B
[commissioned officers
[720. Definitions.
[721. Applicability of this subchapter.
[722. Suspension of this subchapter in time of war or national 
          emergency.
[723. Effect of this subchapter on retirement and retired pay.
[724. Authorized number of officers.
[725. Precedence.
[726. Running mates.
[727. Constructive credit upon initial appointment.
[728. Promotion of Reserve officers on active duty.
[729. Promotion; recommendations of selection boards.
[730. Selection boards; appointment.
[731. Establishment of promotion zones under running mate system.
[732. Eligibility for promotion.
[733. Recommendation for promotion of an officer previously removed from 
          an active status.
[734. Qualifications for promotion.
[735. Promotion; acceptance; oath of office.
[736. Date of rank upon promotion; entitlement to pay.
[737. Type of promotion; temporary.
[738. Effect of removal by the President or failure of consent of the 
          Senate.
[739. Failure of selection for promotion.
[740. Failure of selection and removal from an active status.
[741. Retention boards; removal from an active status to provide a flow 
          of promotion.
[742. Maximum ages for retention in an active status.
[743. Rear admiral and rear admiral (lower half); maximum service in 
          grade.
[744. Appointment of a former Navy or Coast Guard officer.
[745. Grade on entry upon active duty.
[746. Recall of a retired officer; grade upon release.]

                 SUBCHAPTER I-APPOINTMENT AND PROMOTION

Sec.
2101. Original appointment of permanent commissioned officers.
2102. Active duty promotion list.
2103. Number and distribution of commissioned officers on active duty 
          promotion list.
2104. Appointment of temporary officers.
2105. Rank of warrant officers.
2106. Selection boards; convening of boards.
2107. Selection boards; composition of boards.
2108. Selection boards; notice of convening; communication with board.
2109. Selection boards; oath of members.
2110. Number of officers to be selected for promotion.
2111. Promotion zones.
2112. Promotion year; defined.
2113. Eligibility of officers for consideration for promotion.
2114. United States Deputy Marshals in Alaska.
2115. Selection boards; information to be furnished boards.
2116. Officers to be recommended for promotion.
2117. Selection boards; reports.
2118. Selection boards; submission of reports.
2119. Failure of selection for promotion.
2120. Special selection boards; correction of errors.
2121. Promotions; appointments.
2122. Removal of officer from list of selectees for promotion.
2123. Promotions; acceptance; oath of office.
2124. Promotions; pay and allowances.
2125. Wartime temporary service promotions.
2126. Promotion of officers not included on active duty promotion list.
2127. Recall to active duty during war or national emergency.
2128. Recall to active duty with consent of officer.
2129. Aviation cadets; appointment as Reserve officers.

   SUBCHAPTER II-DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS; 
                          SEPARATION FOR CAUSE 

2141. Revocation of commissions during first five years of commissioned 
          service.
2142. Regular lieutenants (junior grade); separation for failure of 
          selection for promotion.
2143. Regular lieutenants; separation for failure of selection for 
          promotion; continuation.
2144. Regular Coast Guard; officers serving under temporary 
          appointments.
2145. Regular lieutenant commanders and commanders; retirement for 
          failure of selection for promotion.
2146. Discharge in lieu of retirement; separation pay.
2147. Regular warrant officers: separation pay.
2148. Separation for failure of selection for promotion or continuation; 
          time of.
2149. Regular captains; retirement.
2150. Captains; continuation on active duty; involuntary retirement.
2151. Rear admirals and rear admirals (lower half); continuation on 
          active duty; involuntary retirement.
2152. Voluntary retirement after twenty years' service.
2153. Voluntary retirement after thirty years' service.
2154. Compulsory retirement.
2155. Retirement for physical disability after selection for promotion; 
          grade in which retired.
2156. Deferment of retirement or separation for medical reasons.
2157. Flag officers.
2158. Review of records of officers.
2159. Boards of inquiry.
2160. Boards of review.
2161. Composition of boards.
2162. Rights and procedures.
2163. Removal of officer from active duty; action by Secretary.
2164. Officers considered for removal; retirement or discharge; 
          separation benefits.
2165. Relief of retired officer promoted while on active duty.

                    SUBCHAPTER III-GENERAL PROVISIONS

2181. Physical fitness of officers.
2182. Multirater assessment of certain personnel.

         SUBCHAPTER--[A] I APPOINTMENT AND PROMOTION [general]

Sec. [211.]  2101. Original appointment of permanent commissioned 
                    officers

  (a)(1) The President may appoint permanent commissioned 
officers in the Regular Coast Guard in grades appropriate to 
their qualification, experience, and length of service, as the 
needs of the Coast Guard may require, from among the following 
categories:
                  (A) Graduates of the Coast Guard Academy.
                  (B) Commissioned warrant officers, warrant 
                officers, and enlisted members of the Regular 
                Coast Guard.
                  (C) Members of the Coast Guard Reserve who 
                have served at least 2 years as such.
                  (D) Licensed officers of the United States 
                merchant marine who have served 2 or more years 
                aboard a vessel of the United States in the 
                capacity of a licensed officer.
          (2) Original appointments under this section in the 
        grades of lieutenant commander and above shall be made 
        by the President by and with the advice and consent of 
        the Senate.
          (3) Original appointments under this section in the 
        grades of ensign through lieutenant shall be made by 
        the President alone.
  (b) No person shall be appointed a commissioned officer under 
this section until his mental, moral, physical, and 
professional fitness to perform the duties of a commissioned 
officer has been established under such regulations as the 
Secretary shall prescribe.
  (c) Appointees under this section shall take precedence in 
the grade to which appointed in accordance with the dates of 
their commissions as commissioned officers in such grade. 
Appointees whose dates of commission are the same shall take 
precedence with each other as the Secretary shall determine.
  (d) For the purposes of this section, the term ``original'', 
with respect to the appointment of a member of the Coast Guard, 
refers to that member's most recent appointment in the Coast 
Guard that is neither a promotion nor a demotion.

Sec. [41a.]  2102. Active duty promotion list

  (a) The Secretary shall maintain a single active duty 
promotion list of officers of the Coast Guard on active duty in 
the grades of ensign and above. Reserve officers on active 
duty, other than pursuant to an active duty agreement executed 
under section 12311 of title 10, retired officers, and officers 
of the permanent commissioned teaching staff of the Coast Guard 
Academy shall not be included on the active duty promotion 
list.
  (b) Officers shall be carried on the active duty promotion 
list in the order of seniority of the grades in which they are 
serving. Officers serving in the same grade shall be carried in 
the order of their seniority in that grade. The Secretary may 
correct any erroneous position on the active duty promotion 
list that was caused by administrative error.
  (c) A person appointed in the grade of ensign or above in the 
Regular Coast Guard shall be placed on the active duty 
promotion list in the order of his date of rank and seniority.
  (d) A Reserve officer, other than one excluded by subsection 
(a), shall, when he enters on active duty, be placed on the 
active duty promotion list in accordance with his grade and 
seniority. The position of such a Reserve officer among other 
officers of the Coast Guard on active duty who have the same 
date of rank shall be determined by the Secretary.

Sec. [42.]  2103. Number and distribution of commissioned officers on 
                    active duty promotion list

  (a) Maximum Total Number.--The total number of Coast Guard 
commissioned officers on the active duty promotion list, 
excluding warrant officers, shall not exceed 6,900; except that 
the Commandant may temporarily increase that number by up to 2 
percent for no more than 60 days following the date of the 
commissioning of a Coast Guard Academy class.
  (b) Distribution Percentages by Grade.--
          (1) Required.--The total number of commissioned 
        officers authorized by this section shall be 
        distributed in grade in the following percentages: 
        0.375 percent for rear admiral; 0.375 percent for rear 
        admiral (lower half); 6.0 percent for captain; 15.0 
        percent for commander; and 22.0 percent for lieutenant 
        commander.
          (2) Discretionary.--The Secretary shall prescribe the 
        percentages applicable to the grades of lieutenant, 
        lieutenant (junior grade), and ensign.
          (3) Authority of secretary to reduce percentage.--The 
        Secretary--
                  (A) may reduce, as the needs of the Coast 
                Guard require, any of the percentages set forth 
                in paragraph (1); and
                  (B) shall apply that total percentage 
                reduction to any other lower grade or 
                combination of lower grades.
  (c) Computations.--
          (1) In general.--The Secretary shall compute, at 
        least once each year, the total number of commissioned 
        officers authorized to serve in each grade by applying 
        the grade distribution percentages established by or 
        under this section to the total number of commissioned 
        officers listed on the current active duty promotion 
        list.
          (2) Rounding fractions.--Subject to subsection (a), 
        in making the computations under paragraph (1), any 
        fraction shall be rounded to the nearest whole number.
          (3) Treatment of officers serving outside coast 
        guard.--The number of commissioned officers on the 
        active duty promotion list below the rank of rear 
        admiral (lower half) serving with other Federal 
        departments or agencies on a reimbursable basis or 
        excluded under section 324(d) of title 49 shall not be 
        counted against the total number of commissioned 
        officers authorized to serve in each grade.
  (d) Use of Numbers; Temporary Increases.--The numbers 
resulting from computations under subsection (c) shall be, for 
all purposes, the authorized number in each grade; except that 
the authorized number for a grade is temporarily increased 
during the period between one computation and the next by the 
number of officers originally appointed in that grade during 
that period and the number of officers of that grade for whom 
vacancies exist in the next higher grade but whose promotion 
has been delayed for any reason.
  (e) Officers Serving Coast Guard Academy and Reserve.--The 
number of officers authorized to be serving on active duty in 
each grade of the permanent commissioned teaching staff of the 
Coast Guard Academy and of the Reserve serving in connection 
with organizing, administering, recruiting, instructing, or 
training the reserve components shall be prescribed by the 
Secretary.

Sec. [214.]  2104. Appointment of temporary officers

  (a) The president may appoint temporary commissioned 
officers--
          (1) in the Regular Coast Guard in a grade, not above 
        lieutenant, appropriate to their qualifications, 
        experience, and length of service, as the needs of the 
        Coast Guard may require, from among the commissioned 
        warrant officers, warrant officers, and enlisted 
        members of the Coast Guard, and from holders of 
        licenses issued under chapter 71 of title 46; and
          (2) in the Coast Guard Reserve in a grade, not above 
        lieutenant, appropriate to their qualifications, 
        experience, and length of service, as the needs of the 
        Coast Guard may require, from among the commissioned 
        warrant officers of the Coast Guard Reserve.
  (b) Temporary appointments under this section do not change 
the permanent, probationary, or acting status of persons so 
appointed, prejudice them in regard to promotion or 
appointment, or abridge their rights or benefits. A person who 
is appointed under this section may not suffer any reduction in 
the rate of pay and allowances to which he would have been 
entitled had he remained in his former grade and continued to 
receive the increases in pay and allowances authorized for that 
grade.
  (c) An appointment under this section, or a subsequent 
promotion appointment of a temporary officer, may be vacated by 
the appointing officer at any time. Each officer whose 
appointment is so vacated shall revert to his permanent status.
  (d) Appointees under this section shall take precedence in 
the grade to which appointed in accordance with the dates of 
their appointments as officers in such grade. Appointees whose 
dates of appointment are the same shall take precedence with 
each other as the Secretary shall determine.

Sec. [215.]  2105. Rank of warrant officers

  (a) Among warrant officer grades, warrant officers of a 
higher numerical designation are senior to warrant officer 
grades of a lower numerical designation.
  (b) Warrant officers shall take precedence in the grade to 
which appointed in accordance with the dates of their 
commissions as commissioned officers in the Coast Guard in such 
grade. Precedence among warrant officers of the same grade who 
have the same date of commission shall be determined by 
regulations prescribed by the Secretary.

Sec. [251.]  2106. Selection boards; convening of boards

  At least once a year and at such other times as the needs of 
the service require, the Secretary shall convene selection 
boards to recommend for promotion to the next higher grade 
officers on the active duty promotion list in each grade from 
lieutenant (junior grade) through captain, with separate boards 
for each grade. However, the Secretary is not required to 
convene a board to recommend officers for promotion to a grade 
when no vacancies exist in the grade concerned, and he 
estimates that none will occur in the next twelve months.

Sec. [252.]  2107. Selection boards; composition of boards

  A board convened under section 251 of this title shall 
consist of five or more officers on the active duty promotion 
list who are serving in or above the grade to which the board 
may recommend officers for promotion. No officer may be a 
member of two successive boards convened to consider officers 
of the same grade for promotion.

Sec. [253.]  2108. Selection boards; notice of convening; communication 
                    with board

  (a) Before a board is convened under section 251 of this 
title, notice of the convening date, the promotion zone to be 
considered, and the officers eligible for consideration shall 
be given to the service at large.
  (b) Each officer eligible for consideration by a selection 
board convened under section 251 of this title may send a 
communication through official channels to the board, to arrive 
not later than the date the board convenes, inviting attention 
to any matter of record in the armed forces concerning himself. 
A communication sent under this section may not criticize any 
officer or reflect upon the character, conduct, or motive of 
any officer.

Sec. [254.]  2109. Selection boards; oath of members

  Each member of a selection board shall swear--
          (1) that the member will, without prejudice or 
        partiality, and having in view both the special fitness 
        of officers and the efficiency of the Coast Guard, 
        perform the duties imposed upon the member; and
          (2) an oath in accordance with section 635.

Sec. [255.]  2110. Number of officers to be selected for promotion

  Before convening a board under section 251 of this title to 
recommend officers for promotion to any grade, the Secretary 
shall determine the total number of officers to be selected for 
promotion to that grade. This number shall be equal to the 
number of vacancies existing in the grade, plus the number of 
additional vacancies estimated for the next twelve months, less 
the number of officers on the selection list for the grade.

Sec. [256.]  2111. Promotion zones

  (a) Before convening a selection board to recommend officers 
for promotion to any grade above lieutenant (junior grade) and 
below rear admiral (lower half), the Secretary shall establish 
a promotion zone for the grade to be considered. The promotion 
zone for each grade shall consist of the most senior officers 
of that grade on the active duty promotion list who are 
eligible for consideration for promotion to the next higher 
grade and who have not previously been placed in a promotion 
zone for selection for promotion to the next higher grade. The 
number of officers in each zone shall be determined after 
considering--
          (1) the needs of the service;
          (2) the estimated numbers of vacancies available in 
        future years to provide comparable opportunity for 
        promotion of officers in successive year groups; and
          (3) the extent to which current terms of service in 
        that grade conform to a desirable career promotion 
        pattern.
However, such number of officers shall not exceed the number to 
be selected for promotion divided by six-tenths.
  (b) Promotion zones from which officers will be selected for 
promotion to the grade of rear admiral (lower half) shall be 
established by the Secretary as the needs of the service 
require.

Sec. [256a.]  2112. Promotion year; defined

  For the purposes of this chapter, ``promotion year'' means 
the period which commences on July 1 of each year and ends on 
June 30 of the following year.

Sec. [257.]  2113. Eligibility of officers for consideration for 
                    promotion

  (a) An officer on the active duty promotion list becomes 
eligible for consideration for promotion to the next higher 
grade at the beginning of the promotion year in which he 
completes the following amount of service computed from his 
date of rank in the grade in which he is serving:
          (1) two years in the grade of lieutenant (junior 
        grade);
          (2) three years in the grade of lieutenant;
          (3) four years in the grade of lieutenant commander;
          (4) four years in the grade of commander; and
          (5) three years in the grade of captain.
  (b) For the purpose of this section, service in a grade 
includes all qualifying service in that grade or a higher 
grade, under either a temporary or permanent appointment. 
However, service in a grade under a temporary service 
appointment under section 275 of this title is considered as 
service only in the grade that the officer concerned would have 
held had he not been so appointed.
  (c) No officer may become eligible for consideration for 
promotion until all officers of his grade senior to him are so 
eligible.
  (d) Except when his name is on a list of selectees, each 
officer who becomes eligible for consideration for promotion to 
the next higher grade remains eligible so long as he--
          (1) continues on active duty; and
          (2) is not promoted to that grade.
  (e) An officer whose involuntary retirement or separation is 
deferred under section 295 of this title is not eligible for 
consideration for promotion to the next higher grade during the 
period of that deferment.
  (f) The Secretary may waive subsection (a) to the extent 
necessary to allow officers described therein to have at least 
two opportunities for consideration for promotion to the next 
higher grade as officers below the promotion zone.

Sec. 2114. United States Deputy Marshals in Alaska

  Commissioned officers may be appointed as United States 
Deputy Marshals in Alaska.

Sec. [258.]  2115. Selection boards; information to be furnished boards

  (a) In General.--The Secretary shall furnish the appropriate 
selection board convened under section 251 of this title with--
          (1) the number of officers that the board may 
        recommend for promotion to the next higher grade; and
          (2) the names and records of all officers who are 
        eligible for consideration for promotion to the grade 
        to which the board will recommend officers for 
        promotion.
  (b) Provision of Direction and Guidance.--
          (1) In addition to the information provided pursuant 
        to subsection (a), the Secretary may furnish the 
        selection board--
                  (A) specific direction relating to the needs 
                of the Coast Guard for officers having 
                particular skills, including direction relating 
                to the need for a minimum number of officers 
                with particular skills within a specialty; and
                  (B) any other guidance that the Secretary 
                believes may be necessary to enable the board 
                to properly perform its functions.
          (2) Selections made based on the direction and 
        guidance provided under this subsection shall not 
        exceed the maximum percentage of officers who may be 
        selected from below the announced promotion zone at any 
        given selection board convened under section 251 of 
        this title.

Sec. [259.]  2116. Officers to be recommended for promotion

  (a) A selection board convened to recommend officers for 
promotion shall recommend those eligible officers whom the 
board, giving due consideration to the needs of the Coast Guard 
for officers with particular skills so noted in specific 
direction furnished to the board by the Secretary under section 
258 of this title, considers best qualified of the officers 
under consideration for promotion. No officer may be 
recommended for promotion unless he receives the recommendation 
of at least a majority of the members of a board composed of 
five members, or at least two-thirds of the members of a board 
composed of more than five members.
  (b) The number of officers that a board convened under 
section 251 of this title may recommend for promotion to a 
grade below rear admiral (lower half) from among eligible 
officers junior in rank to the junior officer in the 
appropriate promotion zone may not exceed--
          (1) 5 percent of the total number of officers that 
        the board is authorized to recommend for promotion to 
        the grade of lieutenant or lieutenant commander;
          (2) 71/2 percent of the total number of officers that 
        the board is authorized to recommend for promotion to 
        the grade of commander; and
          (3) 10 percent of the total number of officers that 
        the board is authorized to recommend for promotion to 
        the grade of captain;
unless such percentage is a number less than one, in which case 
the board may recommend one such officer for promotion.
  (c)(1) In selecting the officers to be recommended for 
promotion, a selection board may recommend officers of 
particular merit, from among those officers chosen for 
promotion, to be placed at the top of the list of selectees 
promulgated by the Secretary under section 271(a) of this 
title. The number of officers that a board may recommend to be 
placed at the top of the list of selectees may not exceed the 
percentages set forth in subsection (b) unless such a 
percentage is a number less than one, in which case the board 
may recommend one officer for such placement. No officer may be 
recommended to be placed at the top of the list of selectees 
unless he or she receives the recommendation of at least a 
majority of the members of a board composed of five members, or 
at least two-thirds of the members of a board composed of more 
than five members.
          (2) The Secretary shall conduct a survey of the Coast 
        Guard officer corps to determine if implementation of 
        this subsection will improve Coast Guard officer 
        retention. A selection board may not make any 
        recommendation under this subsection before the date on 
        which the Secretary publishes a finding, based upon the 
        results of the survey, that implementation of this 
        subsection will improve Coast Guard officer retention.
          (3) The Secretary shall submit any finding made by 
        the Secretary pursuant to paragraph (2) to the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate.

Sec. [260.]  2117. Selection boards; reports

  (a) Each board convened under section 251 of this title shall 
submit a report in writing, signed by all the members thereof, 
containing the names of the officers recommended for promotion 
and the names of those officers recommended to be advanced to 
the top of the list of selectees established by the Secretary 
under section 271(a) of this title.
  (b) A board convened under section 251 of this title shall 
certify that, in the opinion of at least a majority of the 
members if the board has five members, or in the opinion of at 
least two-thirds of the members if the board has more than five 
members, the officers recommended for promotion are the best 
qualified for promotion to meet the needs of the service (as 
noted in specific direction furnished the board by the 
Secretary under section 258 of this title) of those officers 
whose names have been furnished to the board.

Sec. [261.]  2118. Selection boards; submission of reports

  (a) A board convened under section 251 of this title shall 
submit its report to the Secretary. If the board has acted 
contrary to law or regulation, the Secretary may return the 
report for proceedings in revision and resubmission to the 
Secretary. After his final review, the Secretary shall submit 
the report of the board to the President for his approval, 
modification, or disapproval.
  (b) If any officer recommended for promotion is not 
acceptable to the President, the President may remove the name 
of that officer from the report of the board.
  (c) Upon approval by the President the names of officers 
selected for promotion by a board convened under section 251 of 
this title shall be promptly disseminated to the service at 
large.
  (d) Except as required by this section, the proceedings of a 
selection board, including a special selection board convened 
under section 263, shall not be disclosed to any person not a 
member of the board.

Sec. [262.]  2119. Failure of selection for promotion

  An officer, other than an officer serving in the grade of 
captain, who is, or is senior to, the junior officer in the 
promotion zone established for his grade under section 256 of 
this title, fails of selection if he is not selected for 
promotion by the selection board which considered him, or if 
having been recommended for promotion by the board, his name is 
thereafter removed from the report of the board by the 
President.

Sec. [263.]  2120. Special selection boards; correction of errors

  (a) Officers Not Considered Due to Administrative Error.--
          (1) In general.--If the Secretary determines that as 
        the result of an administrative error--
                  (A) an officer or former officer was not 
                considered for selection for promotion by a 
                selection board convened under section 251; or
                  (B) the name of an officer or former officer 
                was not placed on an all-fully-qualified-
                officers list;
        the Secretary shall convene a special selection board 
        to determine whether such officer or former officer 
        should be recommended for promotion and such officer or 
        former officer shall not be considered to have failed 
        of selection for promotion prior to the consideration 
        of the special selection board.
          (2) Effect of failure to recommend for promotion.--If 
        a special selection board convened under paragraph (1) 
        does not recommend for promotion an officer or former 
        officer, whose grade is below the grade of captain and 
        whose name was referred to that board for 
        consideration, the officer or former officer shall be 
        considered to have failed of selection for promotion.
  (b) Officers Considered But Not Selected; Material Error.--
          (1) In general.--In the case of an officer or former 
        officer who was eligible for promotion, was considered 
        for selection for promotion by a selection board 
        convened under section 251, and was not selected for 
        promotion by that board, the Secretary may convene a 
        special selection board to determine whether the 
        officer or former officer should be recommended for 
        promotion, if the Secretary determines that--
                  (A) an action of the selection board that 
                considered the officer or former officer--
                          (i) was contrary to law in a matter 
                        material to the decision of the board; 
                        or
                          (ii) involved material error of fact 
                        or material administrative error; or
                  (B) the selection board that considered the 
                officer or former officer did not have before 
                it for consideration material information.
          (2) Effect of failure to recommend for promotion.--If 
        a special selection board convened under paragraph (1) 
        does not recommend for promotion an officer or former 
        officer, whose grade is that of commander or below and 
        whose name was referred to that board for 
        consideration, the officer or former officer shall be 
        considered--
                  (A) to have failed of selection for promotion 
                with respect to the board that considered the 
                officer or former officer prior to the 
                consideration of the special selection board; 
                and
                  (B) to incur no additional failure of 
                selection for promotion as a result of the 
                action of the special selection board.
  (c) Requirements for Special Selection Boards.--Each special 
selection board convened under this section shall--
          (1) be composed in accordance with section 252 and 
        the members of the board shall be required to swear the 
        oaths described in section 254;
          (2) consider the record of an applicable officer or 
        former officer as that record, if corrected, would have 
        appeared to the selection board that should have 
        considered or did consider the officer or former 
        officer prior to the consideration of the special 
        selection board and that record shall be compared with 
        a sampling of the records of--
                  (A) those officers of the same grade who were 
                recommended for promotion by such prior 
                selection board; and
                  (B) those officers of the same grade who were 
                not recommended for promotion by such prior 
                selection board; and
          (3) submit to the Secretary a written report in a 
        manner consistent with sections 260 and 261.
  (d) Appointment of Officers Recommended for Promotion.--
          (1) In general.--An officer or former officer whose 
        name is placed on a promotion list as a result of the 
        recommendation of a special selection board convened 
        under this section shall be appointed, as soon as 
        practicable, to the next higher grade in accordance 
        with the law and policies that would have been 
        applicable to the officer or former officer had the 
        officer or former officer been recommended for 
        promotion by the selection board that should have 
        considered or did consider the officer or former 
        officer prior to the consideration of the special 
        selection board.
          (2) Effect.--An officer or former officer who is 
        promoted to the next higher grade as a result of the 
        recommendation of a special selection board convened 
        under this section shall have, upon such promotion, the 
        same date of rank, the same effective date for the pay 
        and allowances of that grade, and the same position on 
        the active duty promotion list as the officer or former 
        officer would have had if the officer or former officer 
        had been recommended for promotion to that grade by the 
        selection board that should have considered or did 
        consider the officer or former officer prior to the 
        consideration of the special selection board.
          (3) Record correction.--If the report of a special 
        selection board convened under this section, as 
        approved by the President, recommends for promotion to 
        the next higher grade an officer not eligible for 
        promotion or a former officer whose name was referred 
        to the board for consideration, the Secretary may act 
        under section 1552 of title 10 to correct the military 
        record of the officer or former officer to correct an 
        error or remove an injustice resulting from the officer 
        or former officer not being selected for promotion by 
        the selection board that should have considered or did 
        consider the officer or former officer prior to the 
        consideration of the special selection board.
  (e) Application Process and Time Limits.--The Secretary shall 
issue regulations regarding the process by which an officer or 
former officer may apply to have a matter considered by a 
special selection board convened under this section, including 
time limits related to such applications.
  (f) Limitation of Other Jurisdiction.--No official or court 
of the United States shall have authority or jurisdiction over 
any claim based in any way on the failure of an officer or 
former officer to be selected for promotion by a selection 
board convened under section 251, until--
          (1) the claim has been referred to a special 
        selection board convened under this section and acted 
        upon by that board; or
          (2) the claim has been rejected by the Secretary 
        without consideration by a special selection board 
        convened under this section.
  (g) Judicial Review.--
          (1) In general.--A court of the United States may 
        review--
                  (A) a decision of the Secretary not to 
                convene a special selection board under this 
                section to determine if the court finds that 
                the decision of the Secretary was arbitrary or 
                capricious, not based on substantial evidence, 
                or otherwise contrary to law; and
                  (B) an action of a special selection board 
                under this section to determine if the court 
                finds that the action of the special selection 
                board was contrary to law or involved material 
                error of fact or material administrative error.
          (2) Remand and reconsideration.--If, with respect to 
        a review under paragraph (1), a court makes a finding 
        described in subparagraph (A) or (B) of that paragraph, 
        the court shall remand the case to the Secretary and 
        the Secretary shall provide the applicable officer or 
        former officer consideration by a new special selection 
        board convened under this section.
  (h) Designation of Boards.--The Secretary may designate a 
selection board convened under section 251 as a special 
selection board convened under this section. A selection board 
so designated may function in the capacity of a selection board 
convened under section 251 and a special selection board 
convened under this section.

Sec. [271.]  2121. Promotions; appointments

  (a) When the report of a board convened to recommend officers 
for promotion has been approved by the President, the Secretary 
shall place the names of all officers selected and approved on 
a list of selectees in the order of their seniority on the 
active duty promotion list. The names of all officers approved 
by the President and recommended by the board to be placed at 
the top of the list of selectees shall be placed at the top of 
the list of selectees in the order of seniority on the active 
duty promotion list.
  (b) Officers on the list of selectees may be promoted by 
appointment in the next higher grade to fill vacancies in the 
authorized active duty strength of the grade as determined 
under section 42 of this title after officers on any previous 
list of selectees for that grade have been promoted. Officers 
shall be promoted in the order that their names appear on the 
list of selectees. The date of rank of an officer promoted 
under this subsection shall be the date of his appointment in 
that grade.
  (c) An officer serving on active duty in the grade of ensign 
may, if found fully qualified for promotion in accordance with 
regulations prescribed by the Secretary, be promoted to the 
grade of lieutenant (junior grade) by appointment after he has 
completed twelve months' active service in grade. The date of 
rank of an officer promoted under this subsection shall be the 
date of his appointment in the grade of lieutenant (junior 
grade) as specified by the Secretary.
  (d) When a vacancy in the grade of rear admiral occurs, the 
senior rear admiral (lower half) serving on the active duty 
promotion list shall be appointed by the President, by and with 
the advice and consent of the Senate, to fill the vacancy. The 
appointment shall be effective on the date the vacancy 
occurred.
  (e) Appointments of regular officers under this section shall 
be made by the President, by and with the advice and consent of 
the Senate except that advice and consent is not required for 
appointments under this section in the grade of lieutenant 
(junior grade) or lieutenant. Appointments of Reserve officers 
shall be made as prescribed in section 12203 of title 10.
  (f) The promotion of an officer who is under investigation or 
against whom proceedings of a court-martial or a board of 
officers are pending may be delayed without prejudice by the 
Secretary until completion of the investigation or proceedings. 
However, unless the Secretary determines that a further delay 
is necessary in the public interest, a promotion may not be 
delayed under this subsection for more than one year after the 
date the officer would otherwise have been promoted. An officer 
whose promotion is delayed under this subsection and who is 
subsequently promoted shall be given the date of rank and 
position on the active duty promotion list in the grade to 
which promoted that he would have held had his promotion not 
been so delayed.

Sec. [272.]  2122. Removal of officer from list of selectees for 
                    promotion

  (a) The President may remove the name of any officer from a 
list of selectees established under section 271 of this title.
  (b) If the Senate does not consent to the appointment of an 
officer whose name is on a list of selectees established under 
section 271 of this title, that officer's name shall be removed 
from this list.
  (c) An officer whose name is removed from a list under 
subsection (a) or (b) continues to be eligible for 
consideration for promotion. If he is selected for promotion by 
the next selection board and promoted, he shall be given the 
date of rank and position on the active duty promotion list in 
the grade to which promoted that he would have held if his name 
had not been removed. However, if the officer is not selected 
by the next selection board or if his name is again removed 
from the list of selectees, he shall be considered for all 
purposes as having twice failed of selection for promotion.

Sec. [273.]  2123. Promotions; acceptance; oath of office

  (a) An officer who receives an appointment under section 271 
of this title is considered to have accepted his appointment on 
its effective date, unless he expressly declines the 
appointment.
  (b) An officer who has served continuously since he 
subscribed to the oath of office prescribed in section 3331 of 
title 5 is not required to take a new oath upon his appointment 
in a higher grade.

Sec. [274.]  2124. Promotions; pay and allowances

  An officer who is promoted under section 271 of this title 
shall be entitled to the pay and allowances of the grade to 
which promoted from his date of rank in such grade.

Sec. [275.]  2125. Wartime temporary service promotions

  (a) In time of war, or of national emergency declared by the 
President or Congress, the President may suspend any section of 
this chapter relating to the selection, promotion, or 
involuntary separation of officers. Such a suspension may not 
continue beyond six months after the termination of the war or 
national emergency.
  (b) When the preceding sections of this chapter relating to 
selection and promotion of officers are suspended in accordance 
with subsection (a), and the needs of the service require, the 
President may, under regulations prescribed by him, promote to 
a higher grade any officer serving on active duty in the grade 
of ensign or above in the Coast Guard.
  (c) In time of war, or of national emergency declared by the 
President or Congress, the President may, under regulations to 
be prescribed by him, promote to the next higher warrant 
officer grade any warrant officer serving on active duty in a 
grade below chief warrant officer, W-4.
  (e) A promotion under this section to a grade above 
lieutenant may be made only upon the recommendation of a board 
of officers convened for that purpose.
  (f) A promotion under this section shall be made by an 
appointment for temporary service. Original appointments under 
this section in the grades of lieutenant commander and above 
shall be made by the President by and with the advice and 
consent of the Senate. Original appointments under this section 
in the grades of ensign through lieutenant shall be made by the 
President alone. Any other appointments under this section 
shall be made by the President alone.
  (g) An appointment under this section, unless expressly 
declined, is regarded as accepted on the date specified by the 
Secretary as the date of the appointment, and the officer so 
promoted is entitled to pay and allowances of the grade to 
which appointed from that date.
  (h) An appointment under this section does not terminate any 
appointments held by an officer concerned under any other 
provisions of this title. The President may terminate temporary 
appointments made under this section at any time. An 
appointment under this section is effective for such period as 
the President determines. However, an appointment may not be 
effective later than six months after the end of the war or 
national emergency. When his temporary appointment under this 
section is terminated or expires, the officer shall revert to 
his former grade.
  (i) Not later than six months after the end of the war or 
national emergency the President shall, under such regulations 
as he may prescribe, reestablish the active duty promotion list 
with adjustments and additions appropriate to the conditions of 
original appointment and wartime service of all officers to be 
included thereon. The President may, by and with the advice and 
consent of the Senate, appoint officers on the reestablished 
active duty promotion list to fill vacancies in the authorized 
active duty strength of each grade. Such appointments shall be 
considered to have been made under section 271 of this title.

Sec. [276.]  2126. Promotion of officers not included on active duty 
                    promotion list

  Officers who are not included on the active duty promotion 
list may be promoted under regulations to be prescribed by the 
Secretary. These regulations shall, as to officers serving in 
connection with organizing, administering, recruiting, 
instructing, or training the reserve components, provide as 
nearly as practicable, that such officers will be selected and 
promoted in the same manner and will be afforded equal 
opportunity for promotion as officers of the corresponding 
grade on the active duty promotion list.

Sec. [331.]  2127. Recall to active duty during war or national 
                    emergency

  In time of war or national emergency, the Secretary may order 
any regular officer on the retired list to active duty.

Sec. [332.]  2128. Recall to active duty with consent of officer

  (a) Any regular officer on the retired list may, with that 
officer's consent, be assigned to such duties as that officer 
may be able to perform.
  (b) The number of retired officers on active duty in the 
grade of lieutenant commander, commander, or captain shall not 
exceed 2 percent of the authorized number of officers on active 
duty in each such grade. However, this limitation does not 
apply to retired officers of these grades recalled to serve as 
members of courts, boards, panels, surveys, or special projects 
for periods not to exceed one year.

Sec. [373.]  2129. Aviation cadets; appointment as Reserve officers

  (a) An aviation cadet who fulfills the eligibility 
requirements of section 2003 of title 10 for designation as a 
naval aviator may be appointed an ensign in the Coast Guard 
Reserve and designated a Coast Guard aviator.
  (b) Aviation cadets who complete their training at 
approximately the same time are considered for all purposes to 
have begun their commissioned service on the same date, and the 
decision of the Secretary in this regard is conclusive.

  SUBCHAPTER II--DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS; 
                          SEPARATION FOR CAUSE

Sec. [281.]  2141. Revocation of commissions during first five years of 
                    commissioned service

  The Secretary, under such regulations as he may prescribe, 
may revoke the commission of any regular officer on active duty 
who, at the date of such revocation, has had less than five 
years of continuous service as a commissioned officer in the 
Regular Coast Guard.

Sec. [282.]  2142. Regular lieutenants (junior grade); separation for 
                    failure of selection for promotion

  Each officer of the Regular Coast Guard appointed under 
section 211 of this title who is serving in the grade of 
lieutenant (junior grade) and who has failed of selection for 
promotion to the grade of lieutenant for the second time, 
shall:
          (1) be honorably discharged on June 30 of the 
        promotion year in which his second failure of selection 
        occurs; or
          (2) if he so requests, be honorably discharged at an 
        earlier date without loss of benefits that would accrue 
        if he were discharged on that date under clause (1); or
          (3) if, on the date specified for his discharge in 
        this section, he is eligible for retirement under any 
        law, be retired on that date.

Sec. [283.]  2143. Regular lieutenants; separation for failure of 
                    selection for promotion; continuation

  (a) Each officer of the Regular Coast Guard appointed under 
section 211 of this title who is serving in the grade of 
lieutenant and who has failed of selection for promotion to the 
grade of lieutenant commander for the second time shall:
          (1) be honorably discharged on June 30 of the 
        promotion year in which his second failure of selection 
        occurs; or
          (2) if he so requests, be honorably discharged at an 
        earlier date without loss of benefits that would accrue 
        if he were discharged on that date under clause (1); or
          (3) if, on the date specified for his discharge in 
        this section, he has completed at least 20 years of 
        active service or is eligible for retirement under any 
        law, be retired on that date; or
          (4) if, on the date specified for his discharge in 
        clause (1), he has completed at least eighteen years of 
        active service, be retained on active duty and retired 
        on the last day of the month in which he completes 
        twenty years of active service, unless earlier removed 
        under another provision of law.
  (b)(1) When the needs of the service require, the Secretary 
may direct a selection board, which has been convened under 
section 251 of this title, to recommend for continuation on 
active duty for terms of not less than two nor more than four 
years a designated number of officers of the grade of 
lieutenant who would otherwise be discharged or retired under 
this section. When so directed, the board shall recommend for 
continuation on active duty those officers under consideration 
who are, in the opinion of the board, best qualified for 
continuation. Each officer so recommended may, with the 
approval of the Secretary, and notwithstanding subsection (a), 
be continued on active duty for the term recommended.
          (2) Upon the completion of a term under paragraph 
        (1), an officer shall, unless selected for further 
        continuation--
                  (A) except as provided in subparagraph (B), 
                be honorably discharged with separation pay 
                computed under section 286 of this title;
                  (B) in the case of an officer who has 
                completed at least 18 years of active service 
                on the date of discharge under subparagraph 
                (A), be retained on active duty and retired on 
                the last day of the month in which the officer 
                completes 20 years of active service, unless 
                earlier removed under another provision of law; 
                or
                  (C) if, on the date specified for the 
                officer's discharge under this section, the 
                officer has completed at least 20 years of 
                active service or is eligible for retirement 
                under any law, be retired on that date.
  (c) Each officer who has been continued on active duty under 
subsection (b) shall, unless earlier removed from active duty, 
be retired on the last day of the month in which he completes 
twenty years of active service.

Sec. [284.]  2144. Regular Coast Guard; officers serving under 
                    temporary appointments

  (a) Each officer of the Regular Coast Guard appointed under 
section 214 of this title who is serving in the grade of 
lieutenant (junior grade) or lieutenant and who has failed of 
selection for promotion to the grade of lieutenant or 
lieutenant commander, respectively, for the second time shall:
          (1) be honorably discharged on June 30 of the 
        promotion year in which his second failure of selection 
        occurs; or
          (2) if he so requests, be honorably discharged at an 
        earlier date without loss of benefits that would accrue 
        if he were discharged on that date under clause (1); or
          (3) if on the date specified for his discharge in 
        this section he is eligible for retirement under any 
        law, be retired under that law on that date.
  (b) Each officer subject to discharge or retirement under 
subsection (a) may elect to revert to his permanent grade.

Sec. [285.]  2145. Regular lieutenant commanders and commanders; 
                    retirement for failure of selection for promotion

  (a) Each officer of the Regular Coast Guard serving in the 
grade of lieutenant commander or commander, who has failed of 
selection for promotion to the grade of commander or captain, 
respectively, for the second time shall:
          (1) if he has completed at least 20 years of active 
        service or is eligible for retirement under any law on 
        June 30 of the promotion year in which his second 
        failure of selection occurs, be retired on that date; 
        or
          (2) if ineligible for retirement on the date 
        specified in clause (1) be retained on active duty and 
        retired on the last day of the month in which he 
        completes twenty years of active service, unless 
        earlier removed under another provision of law.
  (b) A lieutenant commander or commander of the Regular Coast 
Guard subject to discharge or retirement under subsection (a) 
may be continued on active duty when the Secretary directs a 
selection board convened under section 251 of this title to 
continue up to a specified number of lieutenant commanders or 
commanders on active duty. When so directed, the selection 
board shall recommend those officers who in the opinion of the 
board are best qualified to advance the needs and efficiency of 
the Coast Guard. When the recommendations of the board are 
approved by the Secretary, the officers recommended for 
continuation shall be notified that they have been recommended 
for continuation and offered an additional term of service that 
fulfills the needs of the Coast Guard.
  (c)(1) An officer who holds the grade of lieutenant commander 
of the Regular Coast Guard may not be continued on active duty 
under subsection (b) for a period that extends beyond 24 years 
of active commissioned service unless promoted to the grade of 
commander of the Regular Coast Guard. An officer who holds the 
grade of commander of the Regular Coast Guard may not be 
continued on active duty under subsection (b) for a period that 
extends beyond 26 years of active commissioned service unless 
promoted to the grade of captain of the Regular Coast Guard.
          (2) Unless retired or discharged under another 
        provision of law, each officer who is continued on 
        active duty under subsection (b) but is not 
        subsequently promoted or continued on active duty, and 
        is not on a list of officers recommended for 
        continuation or for promotion to the next higher grade, 
        shall, if eligible for retirement under any provision 
        of law, be retired under that law on the first day of 
        the first month following the month in which the period 
        of continued service is completed.

Sec. [286.]  2146. Discharge in lieu of retirement; separation pay

  (a) Each officer who is retained on active duty under section 
283(a)(4), 283(b), or 285 of this title may, if he so requests, 
with the approval of the Secretary, be honorably discharged at 
any time prior to the date otherwise specified for his 
retirement or discharge.
  (b) An officer of the Regular Coast Guard who is discharged 
under this section or section 282, 283, or 284 of this title 
and has completed 6 or more, but less than 20, continuous years 
of active service immediately before that discharge or release 
is entitled to separation pay computed under subsection (d)(1) 
of section 1174 of title 10.
  (c) An officer of the Regular Coast Guard who is discharged 
under section 327 of this title and has completed 6 or more, 
but less than 20, continuous years of active service 
immediately before that discharge or release is entitled to 
separation pay computed under subsection (d)(1) or (d)(2) of 
section 1174 of title 10 as determined under regulations 
promulgated by the Secretary.
  (d) Notwithstanding subsections (a) and (b), an officer 
discharged under [chapter 11 of this title] this chapter for 
twice failing of selection for promotion to the next higher 
grade is not entitled to separation pay under this section if 
the officer requested in writing or otherwise sought not to be 
selected for promotion, or requested removal from the list of 
selectees.

Sec. [286a.]  2147. Regular warrant officers: separation pay

  (a) A regular warrant officer of the Coast Guard who is 
discharged under section 580 of title 10, and has completed 6 
or more, but less than 20, continuous years of active service 
immediately before that discharge is entitled to separation pay 
computed under subsection (d)(1) of section 1174 of title 10.
  (b) A regular warrant officer of the Coast Guard who is 
discharged under section 1165 or 1166 of title 10, and has 
completed 6 or more, but less than 20, continuous years of 
active service immediately before that discharge is entitled to 
separation pay computed under subsection (d)(1) or (d)(2) of 
section 1174 of title 10, as determined under regulations 
promulgated by the Secretary.
  (c) In determining a member's years of active service for the 
purpose of computing separation pay under this section, each 
full month of service that is in addition to the number of full 
years of service creditable to the member is counted as one-
twelfth of a year and any remaining fractional part of a month 
is disregarded.
  (d) The acceptance of separation pay under this section does 
not deprive a person of any retirement benefits from the United 
States. However, there shall be deducted from each of his 
retirement payments so much thereof as is based on the service 
for which he has received separation pay under this section, 
until the total deductions equal the amount of such separation 
pay.

Sec. [287.]  2148. Separation for failure of selection for promotion or 
                    continuation; time of

  If, under section 282, 283, 284, 285, 289, or 290 of this 
title, the discharge or retirement of any officer would be 
required less than six months following approval of the report 
of the board which considered but did not select him for 
promotion or continuation, the discharge or retirement of such 
officer shall be deferred until the last day of the sixth 
calendar month after such approval.

Sec. [288.]  2149. Regular captains; retirement

  (a) Each officer of the Regular Coast Guard serving in the 
grade of captain whose name is not carried on an approved list 
of officers selected for promotion to the grade of rear admiral 
(lower half) shall, unless retired under some other provision 
of law, be retired on June 30 of the promotion year in which 
he, or any captain junior to him on the active duty promotion 
list who has not lost numbers or precedence, completes thirty 
years of active commissioned service in the Coast Guard. An 
officer advanced in precedence on the active duty promotion 
list because of his promotion resulting from selection for 
promotion from below the zone is not subject to involuntary 
retirement under this section earlier than if he had not been 
selected from below the zone.
  (b) Retired pay computed under section 423(a) of this title 
of an officer retired under this section shall not be less than 
50 percent of the basic pay upon which the computation of his 
retired pay is based.

Sec. [289.]  2150. Captains; continuation on active duty; involuntary 
                    retirement

  (a) The Secretary may, whenever the needs of the service 
require, but not more often than annually, convene a board 
consisting of not less than six officers of the grade of rear 
admiral (lower half) or rear admiral to recommend for 
continuation on active duty officers on the active duty 
promotion list serving in the grade of captain, who during the 
promotion year in which the board meets will complete at least 
three years' service in that grade and who have not been 
selected for promotion to the grade of rear admiral (lower 
half). Officers who are subject to retirement under section 288 
of this title during the promotion year in which the board 
meets shall not be considered by this board.
  (b) Whenever he convenes a board under this section, the 
Secretary shall establish a continuation zone. The zone shall 
consist of the most senior captains eligible for consideration 
for continuation on active duty who have not previously been 
placed in a continuation zone under this section. The Secretary 
shall, based upon the needs of the service, prescribe the 
number of captains to be included in the zone.
  (c) Based on the needs of the service the Secretary shall 
furnish the board with the number of officers that may be 
recommended for continuation on active duty. This number shall 
be no less than 50 percent of the number considered. The board 
shall select from the designated continuation zone, in the 
number directed by the Secretary, those officers who are, in 
the opinion of the board, best qualified for continuation on 
active duty.
  (d) The provisions of sections 253, 254, 258, and 260 of this 
title relating to selection for promotion shall, to the extent 
that they are not inconsistent with the provisions of this 
section, apply to boards convened under this section.
  (e) The Secretary shall prescribe by regulation the detailed 
procedures whereby officers in a continuation zone will be 
selected for continuation on active duty.
  (f) A board convened under this section shall submit its 
report to the Secretary. If the board has acted contrary to law 
or regulation, the Secretary may return the report for 
proceedings in revision and resubmission to the Secretary. 
After his final review the Secretary shall submit the report of 
the board to the President for his approval. Except as required 
by the procedures of this section, the proceedings of the board 
shall not be disclosed to any person not a member of the board.
  (g) Each officer who is considered but not recommended for 
continuation on active duty under the provisions of this 
section shall, unless retired under some other provision of 
law, be retired on June 30 of the promotion year in which the 
report of the continuation board convened under this section is 
approved, or the last day of the month in which he completes 
twenty years of active service, whichever is later.
  (h) Notwithstanding subsection (g) and section 288 of this 
title, the Commandant may by annual action retain on active 
duty from promotion year to promotion year any officer who 
would otherwise be retired under subsection (g) or section 288 
of this title. An officer so retained, unless retired under 
some other provision of law, shall be retired on June 30 of 
that promotion year in which no action is taken to further 
retain the officer under this subsection.

Sec. [290.]  2151. Rear admirals and rear admirals (lower half); 
                    continuation on active duty; involuntary retirement

  (a) The Secretary shall from time to time convene boards to 
recommend for continuation on active duty the most senior 
officers on the active duty promotion list serving in the grade 
of rear admiral (lower half) or rear admiral who have not 
previously been considered for continuation in that grade. 
Officers, other than the Commandant, serving for the time being 
or who have served in or above the grade of vice admiral are 
not subject to consideration for continuation under this 
subsection, and as to all other provisions of this section 
shall be considered as having been continued at the grade of 
rear admiral. A board shall consist of at least 5 officers 
(other than the Commandant) serving in the grade of admiral or 
vice admiral or as rear admirals previously continued. Boards 
shall be convened frequently enough to assure that each officer 
serving in the grade of rear admiral (lower half) or rear 
admiral is subject to consideration for continuation during a 
promotion year in which that officer completes not less than 
four or more than five years combined service in the grades of 
rear admiral (lower half) and rear admiral.
  (b) The Secretary shall, based upon the needs of the service, 
furnish each board convened under this section with the number 
of officers to be considered for continuation on active duty. 
The number that may be recommended for continuation shall be 
not less than 50 per centum or more than 75 per centum of the 
number of officers being considered for continuation.
  (c) The provisions of sections 253, 254, 258, and 260 of this 
title relating to selection and continuation boards shall to 
the extent they are not inconsistent with the provisions of 
this section, apply to boards convened under this section.
  (d) A board convened under this section shall submit its 
report to the Secretary. If the board has acted contrary to law 
or regulation, the Secretary may return the report for 
proceedings in revision and resubmission to the Secretary. 
After final review the Secretary shall submit the report of the 
board to the President for approval.
  (e) Each officer who is considered but not continued on 
active duty under the provisions of this section shall, unless 
retired under some other provision of law, be retired on July 1 
of the promotion year immediately following the promotion year 
in which the report of the continuation board convened under 
this section is approved.
  (f)(1) Unless retired under another provision of law, each 
officer who is continued on active duty under this section 
shall, except as provided in paragraph (2), be retired on July 
1 of the promotion year immediately following the promotion 
year in which that officer completes seven years of combined 
service in the grades of rear admiral (lower half) and rear 
admiral, unless that officer is selected for or serving in the 
grade of admiral or vice admiral or the position of 
Superintendent of the Coast Guard Academy.
          (2) The Commandant, with the approval of the 
        Secretary, may by annual action retain on active duty 
        from promotion year to promotion year any officer who 
        would otherwise be retired under paragraph (1). Unless 
        selected for or serving in the grade of admiral or vice 
        admiral or the position of Superintendent of the Coast 
        Guard Academy, or retired under another provision of 
        law, an officer so retained shall be retired on July 1 
        of the promotion year immediately following the 
        promotion year in which no action is taken to further 
        retain that officer under this paragraph.
  (g)(1) Unless retired under another provision of law, an 
officer subject to this section shall, except as provided in 
paragraph (2), be retired on July 1 of the promotion year 
immediately following the promotion year in which that officer 
completes a total of thirty-six years of active commissioned 
service unless selected for or serving in the grade of admiral.
          (2) The Commandant, with the approval of the 
        Secretary, may by annual action retain on active duty 
        from promotion year to promotion year any officer who 
        would otherwise be retired under paragraph (1). Unless 
        selected for or serving in the grade of admiral or 
        retired under another provision of law, an officer so 
        retained shall be retired on July 1 of the promotion 
        year immediately following the promotion year in which 
        no action is taken to further retain that officer under 
        this paragraph.

Sec. [291.]  2152. Voluntary retirement after twenty years' service

  Any regular commissioned officer who has completed twenty 
years' active service in the Coast Guard, Navy, Army, Air 
Force, or Marine Corps, or the Reserve components thereof, 
including active duty for training, at least ten years of which 
shall have been active commissioned service, may, upon his own 
application, in the discretion of the President, be retired 
from active service.

Sec. [292.]  2153. Voluntary retirement after thirty years' service

  Any regular commissioned officer who has completed thirty 
years' service may, upon his own application, in the discretion 
of the Secretary, be retired from active service.

Sec. [293.]  2154. Compulsory retirement

  (a) Regular Commissioned Officers.--Any regular commissioned 
officer, except a commissioned warrant officer, serving in a 
grade below rear admiral (lower half) shall be retired on the 
first day of the month following the month in which the officer 
becomes 62 years of age.
  (b) Flag-Officer Grades.--(1) Except as provided in paragraph 
(2), any regular commissioned officer serving in a grade of 
rear admiral (lower half) or above shall be retired on the 
first day of the month following the month in which the officer 
becomes 64 years of age.
          (2) The retirement of an officer under paragraph (1) 
        may be deferred--
                  (A) by the President, but such a deferment 
                may not extend beyond the first day of the 
                month following the month in which the officer 
                becomes 68 years of age; or
                  (B) by the Secretary of the department in 
                which the Coast Guard is operating, but such a 
                deferment may not extend beyond the first day 
                of the month following the month in which the 
                officer becomes 66 years of age.

Sec. [294.]  2155. Retirement for physical disability after selection 
                    for promotion; grade in which retired

  An officer whose name appears on an approved list of officers 
selected for promotion to the next higher grade and who is 
retired for physical disability under the provisions of chapter 
61 of title 10 prior to being promoted shall be retired in the 
grade to which he was selected for promotion.

Sec. [295.]  2156. Deferment of retirement or separation for medical 
                    reasons

  (a) Subject to subsection (b), the Secretary may defer the 
retirement or separation of a commissioned officer, other than 
a commissioned warrant officer, if the evaluation of the 
physical condition of the officer and determination of the 
officer's entitlement to retirement or separation for physical 
disability require hospitalization, medical observation, or 
other physical disability processing that cannot be completed 
before the date on which the officer would otherwise be retired 
or separated.
  (b) A deferment under subsection (a)--
          (1) may only be made with the consent of the officer 
        involved; and
          (2) if the Secretary receives written notice from the 
        officer withdrawing that consent, shall end not later 
        than the end of the sixty-day period beginning on the 
        date the Secretary receives that notice.

Sec. [296.]  2157. Flag officers

  During any period in which the Coast Guard is not operating 
as a service in the Navy, section 1216(d) of title 10 does not 
apply with respect to flag officers of the Coast Guard.

Sec. [321.]  2158. Review of records of officers

  The Secretary may at any time convene a board of officers to 
review the record of any officer of the Regular Coast Guard to 
determine whether he shall be required to show cause for his 
retention on active duty--
          (1) because his performance of duty has fallen below 
        the standards prescribed by the Secretary, or
          (2) because of moral dereliction, professional 
        dereliction, or because his retention is not clearly 
        consistent with the interests of national security.

Sec. [322.]  2159. Boards of inquiry

  (a) Boards of inquiry shall be convened at such places as the 
Secretary may prescribe to receive evidence and make findings 
and recommendations whether an officer who is required to show 
cause for retention under section 321 of this title should be 
retained on active duty.
  (b) A fair and impartial hearing before a board of inquiry 
shall be given to each officer so required to show cause for 
retention.
  (c) If a board of inquiry determines that the officer has 
failed to establish that he should be retained, it shall send 
the record of its proceedings to a board of review.
  (d) If a board of inquiry determines that the officer has 
established that he should be retained, his case is closed. 
However, at any time after one year from the date of the 
determination in a case arising under clause (1) of section 321 
of this title, and at any time after the date of the 
determination in a case arising under clause (2) of that 
section, an officer may again be required to show cause for 
retention.

Sec. [323.]  2160. Boards of review

  (a) Boards of review shall be convened at such times as the 
Secretary may prescribe, to review the records of cases of 
officers recommended by boards of inquiry for removal.
  (b) If, after reviewing the record of the case, a board of 
review determines that the officer has failed to establish that 
he should be retained, it shall send its recommendation to the 
Secretary for his action.
  (c) If, after reviewing the record of the case, a board of 
review determines that the officer has established that he 
should be retained on active duty, his case is closed. However, 
at any time after one year from the date of the determination 
in a case arising under clause (1) of section 321 of this title 
and at any time after the date of the determination in a case 
arising under clause (2) of that section, an officer may again 
be required to show cause for retention.

Sec. [324.]  2161. Composition of boards

  (a) A board convened under section 321, 322, or 323 of this 
title shall consist of at least three officers of the grade of 
commander or above, all of whom are serving in a grade senior 
to the grade of any officer considered by the board.
  (b) No person may be a member of more than one board convened 
under section 321, 322, or 323 of this title to consider the 
same officer.

Sec. [325.]  2162. Rights and procedures

  Each officer under consideration for removal under section 
322 of this title shall be--
          (1) notified in writing at least thirty days before 
        the hearing of the case by a board of inquiry of the 
        reasons for which the officer is being required to show 
        cause for retention;
          (2) allowed reasonable time, as determined by the 
        board of inquiry under regulations of the Secretary, to 
        prepare his defense;
          (3) allowed to appear in person and by counsel at 
        proceedings before a board of inquiry; and
          (4) allowed full access to, and furnished copies of, 
        records relevant to the case at all stages of the 
        proceeding, except that a board shall withhold any 
        records that the Secretary determines should be 
        withheld in the interests of national security. In any 
        case where any records are withheld under this clause, 
        the officer whose case is under consideration shall, to 
        the extent that the national security permits, be 
        furnished a summary of the records so withheld.

Sec. [326.]  2163. Removal of officer from active duty; action by 
                    Secretary

  The Secretary may remove an officer from active duty if his 
removal is recommended by a board of review under section 323 
of this title. The Secretary's action in such as case is final 
and conclusive.

Sec. [327.]  2164. Officers considered for removal; retirement or 
                    discharge; separation benefits

  (a) At any time during proceedings under section 322 or 323 
of this title, and before the removal of an officer, the 
Secretary may grant a request--
          (1) for voluntary retirement, if the officer is 
        otherwise qualified therefor; or
          (2) for discharge with separation benefits under 
        section 286(c) of this title.
  (b) Each officer removed from active duty under section 326 
of this title shall--
          (1) if on the date of removal the officer is eligible 
        for voluntary retirement under any law, be retired in 
        the grade for which he would be eligible if retired at 
        his request; or
          (2) if on that date the officer is ineligible for 
        voluntary retirement under any law, be honorably 
        discharged with separation benefits under section 
        286(c) of this title, unless under regulations 
        promulgated by the Secretary the condition under which 
        the officer is discharged does not warrant an honorable 
        discharge.

Sec. [333.]  2165. Relief of retired officer promoted while on active 
                    duty

  Any regular officer on the retired list recalled to active 
duty who during such active duty is advanced to a higher grade 
under an appointment shall, upon relief from active duty, if 
his performance of duty under such appointment has been 
satisfactory, be advanced on the retired list to the highest 
grade held while on such active duty.

                   SUBCHAPTER III--GENERAL PROVISIONS

Sec. [335.]  2181. Physical fitness of officers

  The Secretary shall prescribe regulations under which the 
physical fitness of officers to perform their duties shall be 
periodically determined.

Sec. [429.]  2182. Multirater assessment of certain personnel

  (a) Multirater Assessment of Certain Personnel.--
          (1) In general.--Commencing not later than one year 
        after the date of the enactment of the Coast Guard 
        Authorization Act of 2016, the Commandant of the Coast 
        Guard shall develop and implement a plan to conduct 
        every two years a multirater assessment for each of the 
        following:
                  (A) Each flag officer of the Coast Guard.
                  (B) Each member of the Senior Executive 
                Service of the Coast Guard.
                  (C) Each officer of the Coast Guard nominated 
                for promotion to the grade of flag officer.
          (2) Post-assessment elements.--Following an 
        assessment of an individual pursuant to paragraph (1), 
        the individual shall be provided appropriate post-
        assessment counseling and leadership coaching.
  (b) Multirater Assessment Defined.--In this section, the term 
``multirater assessment'' means a review that seeks opinion 
from members senior to the reviewee and the peers and 
subordinates of the reviewee.

                 [SUBCHAPTER B--COMMISSIONED OFFICERS]

        CHAPTER 23--[COAST GUARD AUXILIARY] PERSONNEL; ENLISTED

[Sec.
[821. Administration of the Coast Guard Auxiliary.
[822. Purpose of the Coast Guard Auxiliary.
[823. Eligibility; enrollments.
[823a. Members of the Auxiliary; status.
[824. Disenrollment.
[825. Membership in other organizations.
[826. Use of member's facilities.
[827. Vessel deemed public vessel.
[828. Aircraft deemed public aircraft.
[829. Radio station deemed government station.
[830. Availability of appropriations.
[831. Assignment and performance of duties.
[832. Injury or death in line of duty.]
Sec.
2301. Recruiting campaigns.
2302. Enlistments; term, grade.
2303. Promotion.
2304. Compulsory retirement at age of sixty-two.
2305. Voluntary retirement after thirty years' service.
2306. Voluntary retirement after twenty years' service.
2307. Retirement of enlisted members: increase in retired pay.
2308. Recall to active duty during war or national emergency.
2309. Recall to active duty with consent of member.
2310. Relief of retired enlisted member promoted while on active duty.
2311. Retirement in cases where higher grade or rating has been held.
2312. Extension of enlistments.
2313. Retention beyond term of enlistment in case of disability.
2314. Detention beyond term of enlistment.
2315. Inclusion of certain conditions in enlistment contract.
2316. Discharge within three months before expiration of enlistment.
2317. Aviation cadets; procurement; transfer.
2318. Aviation cadets; benefits.
2319. Critical skill training bonus.

Sec. [350.]  2301. Recruiting campaigns

  The Secretary shall initiate and carry forward an intensified 
voluntary enlistment campaign to obtain the required personnel 
strengths.

Sec. [351.]  2302. Enlistments; term, grade

  (a) Under regulations prescribed by the Secretary, the 
Commandant may enlist persons for minority or a period of at 
least two years but not more than six years.
  (b) The Secretary shall prescribe the grades or ratings for 
persons enlisting in the Regular Coast Guard.

Sec. [352.]  2303. Promotion

  Enlisted members shall be advanced in rating by the 
Commandant under regulations prescribed by the Secretary.

Sec. [353.]  2304. Compulsory retirement at age of sixty-two

  Any enlisted member who has reached the age of sixty-two 
shall be retired from active service.

Sec. [354.]  2305. Voluntary retirement after thirty years' service

  Any enlisted member who has completed thirty years' service 
may, upon his own application, in the discretion of the 
Commandant, be retired from active service.

Sec. [355.]  2306. Voluntary retirement after twenty years' service

  Any enlisted member who has completed twenty years' service 
may, upon his own application, in the discretion of the 
Commandant, be retired from active service.

Sec. [357.]  2307. Retirement of enlisted members: increase in retired 
                    pay

  An enlisted member voluntarily or involuntarily retired after 
twenty years of service who was cited for extraordinary heroism 
in the line of duty shall be entitled to an increase in retired 
pay. The retired pay shall be increased by 10 percent of--
          (1) the active-duty pay and permanent additions 
        thereto of the grade or rating with which retired when 
        the member's retired pay is computed under section 
        423(a) of this title; or
          (2) the member's retired pay base under section 1407 
        of title 10, when a member's retired pay is computed 
        under section 423(b) of this title.

Sec. [359.]  2308. Recall to active duty during war or national 
                    emergency

  In times of war or national emergency, the Commandant may 
order any enlisted member on the retired list to active duty.

Sec. [360.]  2309. Recall to active duty with consent of member

  Any enlisted member on the retired list may, with his 
consent, be assigned to such duties as he may be able to 
perform, except that no enlisted member on the retired list who 
has reached the age of sixty-two years shall be recalled in 
time of peace.

Sec. [361.]  2310. Relief of retired enlisted member promoted while on 
                    active duty

  Any enlisted member on the retired list recalled to active 
duty who during such active duty is advanced to a higher grade 
or rating under a permanent or temporary appointment or 
promotion shall, upon relief from active duty be advanced on 
the retired list to the highest grade or rating held while on 
active duty. In case the appointment or promotion was temporary 
the advancement on the retired list shall be made only to such 
grade or rating in which the member served satisfactorily on 
active duty.

Sec. [362.]  2311. Retirement in cases where higher grade or rating has 
                    been held

  Any enlisted member who is retired under any provision of 
section 353, 354, 355, or 357 of this title shall be retired 
from active service with the highest grade or rating held by 
him while on active duty in which, as determined by the 
Secretary, his performance of duty was satisfactory, but not 
lower than his permanent grade or rating.

Sec. [365.]  2312. Extension of enlistments

  Under regulations prescribed by the Secretary, the term of 
enlistment of any enlisted member may, by voluntary written 
agreement, be extended and re-extended for a period not 
exceeding six full years from the date of expiration of the 
then-existing term of enlistment, and subsequent to such date 
an enlisted member who so extends his term of enlistment shall 
receive the same pay and allowances in all respects as though 
regularly discharged and reenlisted immediately upon expiration 
of his term of enlistment. However, the total of all such 
extensions of an enlistment may not exceed six years. No such 
extension shall operate to deprive the enlisted member 
concerned, upon discharge at the termination thereof, of any 
right, privilege, or benefit to which he would have been 
entitled if his term of enlistment had not been so extended.

Sec. [366.]  2313. Retention beyond term of enlistment in case of 
                    disability

  Any enlisted member of the Coast Guard in the active service 
whose term of enlistment expires while he is suffering disease 
or injury incident to service and not due to misconduct, and 
who is in need of medical care or hospitalization, may, with 
his consent, be retained in such service beyond the expiration 
of his term of enlistment. Any such enlisted member shall be 
entitled to receive at Government expense medical care or 
hospitalization and his pay and allowances, including credit 
for longevity, until he shall have recovered to such extent as 
would enable him to meet the physical requirements for 
reenlistment, or until it shall have been ascertained by 
competent authority of the Coast Guard that the disease or 
injury is of a character that recovery to such an extent would 
be impossible. Any enlisted member whose enlistment is so 
extended shall be subject to forfeitures in the same manner and 
to the same extent as if his term of enlistment had not 
expired. Nothing contained in this section shall prevent any 
enlisted member from being held in the service without his 
consent under section 367 of this title.

Sec. [367.]  2314. Detention beyond term of enlistment

  Under regulations prescribed by the Secretary, an enlisted 
member may be detained in the Coast Guard beyond the term of 
his enlistment:
          (1) until the first arrival of the vessel on which he 
        is serving at its permanent station, or at a port in a 
        State of the United States or in the District of 
        Columbia; or
          (2) if attached to a shore station beyond the 
        continental limits of the United States or in Alaska, 
        until his first arrival at a port in any State of the 
        United States or in the District of Columbia where his 
        reenlistment or discharge may be effected, or until he 
        can be discharged or reenlisted at his station beyond 
        the continental limits of the United States or in 
        Alaska, whichever is earlier, but in no event to exceed 
        three months; or
          (3) during a period of war or national emergency as 
        proclaimed by the President, and, in the interest of 
        national defense, for a period not to exceed six months 
        after the end of the war or the termination of the 
        emergency; or
          (4) for a period of not exceeding thirty days in 
        other cases whether or not specifically covered by this 
        section, when essential to the public interests, and 
        the determination that such detention is essential to 
        the public interests, made in accordance with 
        regulations prescribed by the Secretary, shall be final 
        and conclusive.
Any member detained in the Coast Guard as provided in this 
section shall be entitled to receive pay and allowances and 
benefits under the same conditions as though his enlistment 
period had not expired, and shall be subject in all respects to 
the laws and regulations for the government of the Coast Guard 
until his discharge therefrom. Enlisted members detained under 
the provisions of clause (1) shall be entitled to the pay and 
allowances provided for enlisted personnel of the Navy detained 
under similar circumstances.

Sec. [369.]  2315. Inclusion of certain conditions in enlistment 
                    contract

  The enlistment contract shall contain the substance of 
sections 365 to 368, inclusive, of this title.

Sec. [370.]  2316. Discharge within three months before expiration of 
                    enlistment

  Under regulations prescribed by the Secretary, any enlisted 
member may be discharged at any time within three months before 
the expiration of his term of enlistment or extended enlistment 
without prejudice to any right, privilege, or benefit that he 
would have received, except pay and allowances for the 
unexpired period not served, or to which he would thereafter 
become entitled, had he served his full term of enlistment or 
extended enlistment.

Sec. [371.]  2317. Aviation cadets; procurement; transfer

  (a) The grade of aviation cadet is established as a special 
enlisted grade in the Coast Guard. Under such regulations as 
the Secretary prescribes, citizens in civil life may be 
enlisted as, and enlisted members of the Coast Guard with their 
consent may be designated as, aviation cadets.
  (b) Except in time of war or national emergency declared by 
Congress, not less than 20 percent of the aviation cadets 
procured in each fiscal year shall be procured from qualified 
enlisted members of the Coast Guard.
  (c) No persons may be enlisted or designated as an aviation 
cadet unless--
          (1) the person agrees in writing that, upon 
        successful completion of the course of training as an 
        aviation cadet, the person will accept a commission as 
        an ensign in the Coast Guard Reserve and will serve on 
        active duty as such for at least three years, unless 
        sooner released; and
          (2) if under twenty-one years of age, the person has 
        the consent of the person's parent or guardian to the 
        agreement.
  (d) Under such regulations as the Secretary prescribes, an 
aviation cadet may be transferred to another enlisted grade or 
rating in the Coast Guard, released from active duty, or 
discharged.

Sec. [372.]  2318. Aviation cadets; benefits

  Except as provided in section 402(c) of title 37, aviation 
cadets or their beneficiaries are entitled to the same 
allowances, pensions, gratuities, and other benefits as are 
provided for enlisted members in pay grade E-4. While on active 
duty, an aviation cadet is entitled to uniforms, clothing, and 
equipment at the expense of the United States.

Sec. [374.]  2319. Critical skill training bonus

  (a) The Secretary may provide a bonus, not to exceed $20,000, 
to an enlisted member who completes training in a skill 
designated as critical, if at least four years of obligated 
active service remain on the member's enlistment at the time 
the training is completed. A bonus under this section may be 
paid in a single lump sum or in periodic installments.
  (b) If an enlisted member voluntarily or because of 
misconduct does not complete the member's term of obligated 
active service, the Secretary may require the member to repay 
the United States, on a pro rata basis, all sums paid under 
this section. The Secretary may charge interest on the amount 
repaid at a rate, to be determined quarterly, equal to 150 
percent of the average of the yields on the 91-day Treasury 
bills auctioned during the calendar quarter preceding the date 
on which the amount to be repaid is determined.

CHAPTER 25--[GENERAL PROVISIONS FOR COAST GUARD RESERVE AND AUXILIARY] 
                     PERSONNEL; GENERAL PROVISIONS

[Sec.
[891. Flags; pennants; uniforms and insignia.
[892. Penalty.
[893. Limitation on rights of members of the Auxiliary and temporary 
          members of the Reserve.
[894. Availability of facilities and appropriations.]

                     SUBCHAPTER I-GENERAL PROVISIONS

Sec.
2501. Grade on retirement.
2502. Retirement.
2503. Status of recalled personnel.
2504. Computation of retired pay.
2505. Limitations on retirement and retired pay.
2506. Suspension of payment of retired pay of members who are absent 
          from the United States to avoid prosecution.
2507. Board for Correction of Military Records deadline.
2508. Emergency leave retention authority.
2509. Prohibition of certain involuntary administrative separations.
2510. Sea service letters.
2511. Investigations of flag officers and Senior Executive Service 
          employees.
2512. Leave policies for the Coast Guard.
2513. Computation of length of service.

                    SUBCHAPTER II-LIGHTHOUSE SERVICE

2531. Personnel of former Lighthouse Service.

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec. [334.]  2501. Grade on retirement

  (a) Any commissioned officer, other than a commissioned 
warrant officer, who is retired under any provision of this 
title, shall be retired from active service with the highest 
grade held by him for not less than six months while on active 
duty in which, as determined by the Secretary, his performance 
of duty was satisfactory.
  (b) Any warrant officer who is retired under any provision of 
section 580, 1263, 1293, or 1305 of title 10, shall be retired 
from active service with the highest commissioned grade above 
chief warrant officer, W-4, held by him for not less than six 
months on active duty in which, as determined by the Secretary, 
his performance of duty was satisfactory.

Sec. [421.]  2502. Retirement

  (a) Every commissioned officer, warrant officer, or enlisted 
member who is retired under any provisions of this title shall 
be retired with the permanent grade or rate held at the time of 
retirement, unless entitled to retire with a higher grade or 
rate under any provision of this title or any other law.
  (b) Where an officer is entitled, under any provision of law, 
to retire with one grade higher than the grade in which serving 
at the time of retirement, the next higher grade in the case of 
captain shall be rear admiral (lower half), and the next higher 
grade in the case of commissioned warrant officer shall be 
lieutenant (junior grade).

Sec. [422.]  2503. Status of recalled personnel

  All retired personnel when recalled to active duty shall 
serve in the grade or rate in which they were serving at the 
time of retirement.

Sec. [423.]  2504. Computation of retired pay

  (a)(1) The retired pay of a member who first became a member 
of a uniformed service (as defined in section 101 of title 10) 
before September 8, 1980, is determined by multiplying--
                  (A) the sum of--
                          (i) the basic pay of the member's 
                        retired grade or rate, and
                          (ii) all permanent additions thereto 
                        including longevity credit to which the 
                        member was entitled at the time of 
                        retirement; by
                  (B) the retired pay multiplier determined 
                under section 1409 of title 10 for the number 
                of years of service that may be credited to the 
                member under section 1405 of such title.
          (2) In the case of an officer who served as 
        Commandant of the Coast Guard, retired pay under 
        paragraph (1) shall be computed at the highest rate of 
        basic pay applicable to the officer while so serving.
          (3) In the case of an enlisted member who served as 
        the master chief petty officer of the Coast Guard, 
        retired pay under paragraph (1) shall be computed at 
        the highest rate of basic pay to which the member was 
        entitled while so serving, if that basic pay is greater 
        than the basic pay of the grade or rate to which the 
        member is otherwise entitled at the time of retirement.
          (4) In the case of an officer whose retired pay is 
        computed on the pay of a grade for which basic pay is 
        not based upon years of service, retired pay under 
        paragraph (1) shall be computed on the basis of the 
        number of years of service for which the officer would 
        be entitled to credit in the computation of pay on the 
        active list had the officer been serving in the grade 
        of captain at the time of retirement.
  (b) The retired pay of a member who first became a member of 
a uniformed service (as defined in section 101 of title 10) on 
or after September 8, 1980, is determined by multiplying--
          (1) the retired pay base determined under section 
        1407 of title 10; by
          (2) the retired pay multiplier determined under 
        section 1409 of title 10 for the number of years of 
        service that may be credited to the member under 
        section 1405 of such title.
  (c)(1) In computing for the purpose of subsection (a) or (b) 
the number of years of service that may be credited to a member 
under section 1405 of title 10--
                  (A) each full month of service that is in 
                addition to the number of full years of service 
                creditable to the member shall be counted as 
                1/12 of a year; and
                  (B) any remaining fractional part of a month 
                shall be disregarded.
          (2) Retired pay computed under this section, if not a 
        multiple of $1, shall be rounded to the next lower 
        multiple of $1.

Sec. [424.]  2505. Limitations on retirement and retired pay

  (a) The provisions of any section of this title shall not be 
construed so as to prevent any member from being placed on the 
retired list with the highest grade or rate and the highest 
retired pay to which the member may be entitled under the 
provisions of any other section of this title or under any 
other law.
  (b) In no case may the retired pay of a member exceed 75 
percent of (1) the sum of the active-duty pay and all permanent 
additions thereto (including longevity credit to which the 
member is entitled) of the grade or rate on which the member's 
pay is computed, or (2) the retired pay base determined under 
section 1407 of title 10, as appropriate.

Sec. [424a.]  2506. Suspension of payment of retired pay of members who 
                    are absent from the United States to avoid 
                    prosecution

  Under procedures prescribed by the Secretary, the Secretary 
may suspend the payment of the retired pay of a member or 
former member during periods in which the member willfully 
remains outside the United States to avoid criminal prosecution 
or civil liability. The procedures shall address the types of 
criminal offenses and civil proceedings for which the 
procedures may be used, including the offenses specified in 
section 8312 of title 5, and the manner by which a member, upon 
the return of the member to the United States, may obtain 
retired pay withheld during the member's absence.

Sec. [425.]  2507. Board for Correction of Military Records deadline

  (a) Deadline for Completion of Action.--The Secretary shall 
complete processing of an application for correction of 
military records under section 1552 of title 10 by not later 
than 10 months after the date the Secretary receives the 
completed application.
  (b) Remedies Deemed Exhausted.--Ten months after a complete 
application for correction of military records is received by 
the Board for Correction of Military Records of the Coast 
Guard, administrative remedies are deemed to have been 
exhausted, and--
          (1) if the Board has rendered a recommended decision, 
        its recommendation shall be final agency action and not 
        subject to further review or approval within the 
        department in which the Coast Guard is operating; or
          (2) if the Board has not rendered a recommended 
        decision, agency action is deemed to have been 
        unreasonably delayed or withheld and the applicant is 
        entitled to--
                  (A) an order under section 706(1) of title 5, 
                directing final action be taken within 30 days 
                from the date the order is entered; and
                  (B) from amounts appropriated to the 
                department in which the Coast Guard is 
                operating, the costs of obtaining the order, 
                including a reasonable attorney's fee.

Sec. [426.]  2508. Emergency leave retention authority

  (a) In General.--A duty assignment for an active duty member 
of the Coast Guard in support of a declaration of a major 
disaster or emergency by the President under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.) or in response to a spill of national 
significance shall be treated, for the purpose of section 
701(f)(2) of title 10, as a duty assignment in support of a 
contingency operation.
  (b) Definitions.--In this section:
          (1) Spill of national significance.--The term ``spill 
        of national significance'' means a discharge of oil or 
        a hazardous substance that is declared by the 
        Commandant to be a spill of national significance.
          (2) Discharge.--The term ``discharge'' has the 
        meaning given that term in section 1001 of the Oil 
        Pollution Act of 1990 (33 U.S.C. 2701).

Sec. [427.]  2509. Prohibition of certain involuntary administrative 
                    separations

  (a) In General.--Except as provided in subsection (b), the 
Secretary may not authorize the involuntary administrative 
separation of a covered individual based on a determination 
that the covered individual is unsuitable for deployment or 
other assignment due to a medical condition of the covered 
individual considered by a Physical Evaluation Board during an 
evaluation of the covered individual that resulted in the 
covered individual being determined to be fit for duty.
  (b) Reevaluation.--
          (1) In general.--The Secretary may require a Physical 
        Evaluation Board to reevaluate any covered individual 
        if the Secretary determines there is reason to believe 
        that a medical condition of the covered individual 
        considered by a Physical Evaluation Board during an 
        evaluation of the covered individual renders the 
        covered individual unsuitable for continued duty.
          (2) Retirements and separations.--A covered 
        individual who is determined, based on a reevaluation 
        under paragraph (1), to be unfit to perform the duties 
        of the covered individual's office, grade, rank, or 
        rating may be retired or separated for physical 
        disability under chapter 61 of title 10.
  (c) Covered Individual Defined.--In this section, the term 
``covered individual'' means any member of the Coast Guard who 
has been determined by a Physical Evaluation Board, pursuant to 
a physical evaluation by that board, to be fit for duty.

Sec. [428.]  2510. Sea service letters

  (a) In General.--The Secretary shall provide a sea service 
letter to a member or former member of the Coast Guard who--
          (1) accumulated sea service on a vessel of the armed 
        forces (as such term is defined in section 101(a) of 
        title 10); and
          (2) requests such letter.
  (b) Deadline.--Not later than 30 days after receiving a 
request for a sea service letter from a member or former member 
of the Coast Guard under subsection (a), the Secretary shall 
provide such letter to such member or former member if such 
member or former member satisfies the requirement under 
subsection (a)(1).

Sec. [430.]  2511. Investigations of flag officers and Senior Executive 
                    Service employees

  In conducting an investigation into an allegation of 
misconduct by a flag officer or member of the Senior Executive 
Service serving in the Coast Guard, the Inspector General of 
the Department of Homeland Security shall--
          (1) conduct the investigation in a manner consistent 
        with Department of Defense policies for such an 
        investigation; and
          (2) consult with the Inspector General of the 
        Department of Defense.

Sec. [431.]  2512. Leave policies for the Coast Guard

  Not later than 1 year after the date on which the Secretary 
of the Navy promulgates a new rule, policy, or memorandum 
pursuant to section 704 of title 10, United States Code, with 
respect to leave associated with the birth or adoption of a 
child, the Secretary of the department in which the Coast Guard 
is operating shall promulgate a similar rule, policy, or 
memorandum that provides leave to officers and enlisted members 
of the Coast Guard that is equal in duration and compensation 
to that provided by the Secretary of the Navy.

Sec. [467.]  2513. Computation of length of service

  In computing length of service of officers and enlisted 
personnel for any purpose all creditable service in the Army, 
Navy, Marine Corps, Air Force, Coast Guard, Revenue Cutter 
Service, and Life Saving Service shall be included in addition 
to any other creditable service authorized by any other law.

                   SUBCHAPTER II--LIGHTHOUSE SERVICE

Sec. [432.]  2531. Personnel of former Lighthouse Service

  (a) Any person of the former Lighthouse Service commissioned 
as an officer in the Coast Guard shall be an extra number in 
his grade and in the grades to which he may be promoted. He 
shall take precedence (1) with other officers commissioned in 
his grade from the former Lighthouse Service as the Secretary 
of the Treasury may determine, and (2) with other line officers 
in his grade in accordance with the respective dates of their 
commissions in such grade. He shall be eligible for promotion, 
if otherwise qualified, at such time as the officer in a 
regular number in line of promotion next above him on the 
seniority list becomes eligible for promotion; or if there be 
no such officer in his grade, he shall be eligible for 
promotion, if otherwise qualified, when a vacancy occurs in the 
next higher grade. An officer so commissioned shall be assigned 
to duty for which he is specially qualified, and professional 
examinations for promotion given to such officer shall embrace 
only subjects which pertain to the duty to which he is 
assigned.
  (b) Each vacancy (1) hereafter occurring in the extra numbers 
of such officers; (2) existing on August 5, 1939, in positions 
in the Lighthouse Service formerly held by personnel eligible 
for such commissions; and (3) created by the retirement, 
resignation, death, or separation from the service for any 
other cause, of such personnel who do not possess the 
qualifications prescribed by the Secretary of the Treasury or 
who, being qualified, do not accept a commission thereunder, 
shall operate to increase by one the total authorized number of 
line officers of the Coast Guard.
  (c) All persons of the former Lighthouse Service 
commissioned, appointed, or enlisted in the Coast Guard shall 
be subject to all laws and regulations for the government of 
the Coast Guard, and nothing contained in this title shall be 
construed to prevent the application to any of such persons of 
laws and regulations concerning the military discipline of 
commissioned and warrant officers and enlisted members of the 
Coast Guard.
  (d) In computing length of service, for the purpose of 
retirement in the Coast Guard, of any person of the former 
Lighthouse Service commissioned, appointed, or enlisted in the 
Coast Guard, there shall be included all service computable for 
retirement under the provisions of section 763 of title 33; and 
after July 1, 1948, in computing longevity for the purpose of 
pay of such person there shall be included all service of such 
person in the Lighthouse Service.
  (e) No person so commissioned, appointed, or enlisted in the 
Coast Guard shall suffer any reduction in the total of the 
annual compensation and allowances which he was receiving on 
the date of his commission, appointment, or enlistment. Upon 
his retirement from active duty in the Coast Guard, the retired 
pay of any person so commissioned, appointed, or enlisted, 
shall not be less than an annuity computed in accordance with 
the provisions of section 763 of title 33, substituting, 
however, for purposes of such computation, the annual 
compensation which he was receiving on the date of his 
commission, appointment, or enlistment in the Coast Guard for 
the average annual pay received by him for the last five years 
of service.
  (f) Notwithstanding any other provision of law, chapter 51, 
subchapter III of chapter 53, and sections 5542-5546 of title 5 
shall not apply to civilian keepers of lighthouses and to 
civilians employed on lightships and other vessels of the Coast 
Guard.
  (g)(1) The head of the department in which the Coast Guard is 
operating under regulations prescribed by him, may regulate the 
hours of duty and the pay of civilian keepers of lighthouses 
and civilians employed on lightships and other vessels of the 
Coast Guard, but such personnel may be called upon for duty in 
emergency circumstances or otherwise at any time or all times. 
The existing system governing the pay of such employees may be 
continued or changed except that overtime compensation, night 
differential, and extra pay for duty on holidays shall not be 
paid to such employees. In lieu thereof additional annual 
compensation may be authorized, which may be prescribed either 
as a fixed differential or as a percentage of the basic 
compensation otherwise applicable to such employees. In no case 
shall basic compensation exceed $15,000 per annum, except that 
nothing contained in this subsection shall operate to decrease 
the basic compensation of any person employed by the Coast 
Guard on the date of enactment of this subsection, and in no 
case shall additions thereto exceed 25 percent of such basic 
compensation. Provision may be made for compensatory absence 
from duty when conditions of employment result in confinement 
because of isolation or in long periods of continuous duty; and 
provisions may likewise be made for extra allowance for service 
outside of the continental limits of the United States.
          (2) The additional compensation authorized by this 
        subsection shall be included in any computation of 
        compensation under section 6 of the Act of June 20, 
        1918 (33 U.S.C. 763).

     [PART III--COAST GUARD AUTHORIZATIONS AND REPORTS TO CONGRESS]

[Chap.                                                              Sec.
      Authorizations................................................2701
      Reports.....................................................[2901]

CHAPTER 27--[AUTHORIZATIONS] PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS 
                              AND BENEFITS

[Sec.
[2701. Requirement for prior authorization of appropriations.
[2702. Authorization of appropriations.
[2703. Authorization of personnel end strengths.
[2704. Authorized levels of military strength and training.]

               SUBCHAPTER I-PERSONNEL RIGHTS AND BENEFITS

Sec.
2701. Procurement of personnel.
2702. Training.
2703. Contingent expenses.
2704. Equipment to prevent accidents.
2706. Right to wear uniform.
2707. Protection of uniform.
2708. Clothing for officers and enlisted personnel.
2709. Procurement and sale of stores to members and civilian employees.
2710. Disposition of effects of decedents.
2711. Deserters; payment of expenses incident to apprehension and 
          delivery; penalties.
2712. Payment for the apprehension of stragglers.

                          SUBCHAPTER II-AWARDS

2731. Delegation of powers to make awards; rules and regulations.
2732. Medal of honor.
2733. Medal of honor: duplicate medal.
2734. Medal of honor: presentation of Medal of Honor Flag.
2735. Coast Guard cross.
2736. Distinguished service medal.
2737. Silver star medal.
2738. Distinguished flying cross.
2739. Coast Guard medal.
2740. Insignia for additional awards.
2741. Time limit on award; report concerning deed.
2742. Honorable subsequent service as condition to award.
2743. Posthumous awards.
2744. Life-saving medals.
2745. Replacement of medals.
2746. Award of other medals.
2747. Awards and insignia for excellence in service or conduct.
2748. Presentation of United States flag upon retirement.

                         SUBCHAPTER III-PAYMENTS

2761. Persons discharged as result of court-martial; allowances to.
2762. Shore patrol duty; payment of expenses.
2763. Compensatory absence from duty for military personnel at isolated 
          duty stations.
2764. Monetary allowance for transportation of household effects.
2765. Retroactive payment of pay and allowances delayed by 
          administrative error or oversight.
2766. Travel card management.
2767. Reimbursement for medical-related travel expenses for certain 
          persons residing on islands in the continental United States.
2768. Annual audit of pay and allowances of members undergoing permanent 
          change of station.
2769. Remission of indebtedness.
2770. Special instruction at universities.
2771. Attendance at professional meetings.
2772. Education loan repayment program.
2773. Rations or commutation therefor in money.
2774. Sales of ration supplies to messes.
2775. Flight rations.
2776. Payments at time of discharge for good of service.
2777. Clothing for destitute shipwrecked persons.
2778. Advancement of public funds to personnel.
2779. Transportation to and from certain places of employment.

              SUBCHAPTER I--PERSONNEL RIGHTS AND BENEFITS

Sec. [468.]  2701. Procurement of personnel

  The Coast Guard may expend operating expense funds for 
recruiting activities, including but not limited to advertising 
and entertainment, in order to--
          (1) obtain recruits for the Service and cadet 
        applicants; and
          (2) gain support of recruiting objectives from those 
        who may assist in the recruiting effort.

Sec. [469.]  2702. Training

  The Coast Guard may make expenditures for the training of 
personnel, including books, school supplies, correspondence 
courses, motion picture equipment, and other equipment for 
instructional purposes.

Sec. [476.]  2703. Contingent expenses

  The Commandant may expend for contingencies of the Coast 
Guard a sum not to exceed $50,000 in any one fiscal year.

Sec. [477.]  2704. Equipment to prevent accidents

  The Coast Guard may make such expenditures as are deemed 
appropriate for promotion and maintenance of the safety and 
occupational health of, and the prevention of accidents 
affecting, personnel of the Coast Guard, including the purchase 
of clothing, equipment, and other materials necessary thereto.

[Sec. 482. Clothing at time of discharge for good of service

  [Enlisted members discharged for bad conduct, undesirability, 
unsuitability, or inaptitude may be furnished civilian 
clothing, including an overcoat when necessary, the cost of 
such furnished clothing not to exceed $30, per person.]

Sec. [483.]  2706. Right to wear uniform

  When authorized by and in accordance with applicable 
regulations:
  (a) any member who has served honorably in the Coast Guard 
during war shall when not in active service, whether or not on 
the retired list, be entitled to bear the official title and 
upon occasions of ceremony to wear the uniform of the highest 
rank or rating held by him during his war service, and
  (b) any member on the retired list shall be entitled to wear 
the uniform of his rank or rating.

Sec. [484.]  2707. Protection of uniform

  The provisions of law relating to the protection of the 
uniform of the United States Army, Navy, or Marine Corps shall 
apply to the protection of the uniform of the Coast Guard, in 
the same manner, to the same extent, and under the same 
conditions.

Sec. [485.]  2708. Clothing for officers and enlisted personnel

  (a) The Coast Guard may purchase uniforms, accouterments, and 
related equipment for sale to officer personnel and cadets of 
the Coast Guard.
  (b) The Coast Guard may purchase uniform clothing for sale to 
enlisted personnel of the Coast Guard. The actual cost of the 
clothing thus sold to enlisted personnel may be withheld from 
their pay.

Sec. [487.]  2709. Procurement and sale of stores to members and 
                    civilian employees

  Such stores as the Secretary may designate may be procured 
and sold to members of the Coast Guard, and to the surviving 
spouses of such members. Such designated stores may also be 
procured and sold to civilian officers and employees of the 
United States, and to such other persons as may be specifically 
authorized by the Secretary, at Coast Guard stations and other 
units beyond the continental limits of the United States or in 
Alaska.

Sec. [507.]  2710. Disposition of effects of decedents

  All moneys, articles of value, papers, keepsakes, and other 
similar effects belonging to the deceased persons in the Coast 
Guard, not claimed by their legal heirs or next of kin, shall 
be deposited in safe custody, and if any such moneys, articles 
of value, papers, keepsakes, or other similar effects so 
deposited have been, or shall hereafter be, unclaimed for a 
period of two years from the date of the death of such person, 
such articles and effects shall be sold and the proceeds 
thereof, together with the moneys above mentioned, shall be 
deposited in the Treasury as miscellaneous receipts. The 
Secretary shall make diligent inquiry in every instance after 
the death of such person to ascertain the whereabouts of his 
heirs or next of kin, and prescribe necessary regulations to 
carry out the foregoing provisions. Claims may be presented 
hereunder at any time within five years after such moneys or 
proceeds have been so deposited in the Treasury, and, when 
supported by competent proof in any case after such deposit in 
the Treasury, shall be certified to Congress for consideration.

Sec. [508.]  2711. Deserters; payment of expenses incident to 
                    apprehension and delivery; penalties

  (a) The Coast Guard may, pursuant to regulations prescribed 
by the Secretary, make such expenditures as are deemed 
necessary for the apprehension and delivery of deserters, 
stragglers, and prisoners.

Sec. [644.]  2712. Payment for the apprehension of stragglers

  The Coast Guard may offer and pay rewards for the 
apprehension and delivery of deserters, stragglers, and 
prisoners.
  (b) No person who is convicted by court martial for desertion 
from the Coast Guard in time of war, and as the result of such 
conviction is dismissed or dishonorably discharged from the 
Coast Guard shall afterwards be enlisted, appointed, or 
commissioned in any military or naval service under the United 
States, unless the disability resulting from desertion, as 
established by this section is removed by a board of 
commissioned officers of the Coast Guard convened for 
consideration of the case, and the action of the Board is 
approved by the Secretary; or unless he is restored to duty in 
time of war.

                         SUBCHAPTER II--AWARDS

Sec. [499.]  2731. Delegation of powers to make awards; rules and 
                    regulations

  The President may delegate to the Secretary, under such 
conditions, regulations, and limitations as he prescribes, the 
powers conferred upon him to make the awards designated in this 
chapter, and the President may make any and all rules, 
regulations, and orders which he deems necessary in the 
conferring of such awards.

Sec. [491.]  2732. Medal of honor

  The President may award, and present in the name of Congress, 
a medal of honor of appropriate design, with ribbons and 
appurtenances, to a person who, while a member of the Coast 
Guard, distinguishes himself conspicuously by gallantry and 
intrepidity at the risk of his life above and beyond the call 
of duty--
          (1) while engaged in an action against an enemy of 
        the United States;
          (2) while engaged in military operations involving 
        conflict with an opposing foreign force;
          (3) while serving with friendly foreign forces 
        engaged in an armed conflict against an opposing armed 
        force in which the United States is not a belligerent 
        party.

Sec. [504.]  2733. Medal of honor: duplicate medal

  A person awarded a medal of honor shall, upon written 
application of that person, be issued, without charge, one 
duplicate medal of honor with ribbons and appurtenances. Such 
duplicate medal of honor shall be marked, in such manner as the 
Secretary may determine, as a duplicate or for display purposes 
only.

Sec. [505.]  2734. Medal of honor: presentation of Medal of Honor Flag

  The President shall provide for the presentation of the Medal 
of Honor Flag designated under section 903 of title 36 to each 
person to whom a medal of honor is awarded under section 491 of 
this title. Presentation of the flag shall be made at the same 
time as the presentation of the medal under section 491 or 498 
of this title. In the case of a posthumous presentation of the 
medal, the flag shall be presented to the person to whom the 
medal is presented.

Sec. [491a.]  2735. Coast Guard cross

  The President may award a Coast Guard cross of appropriate 
design, with ribbons and appurtenances, to a person who, while 
serving in any capacity with the Coast Guard, when the Coast 
Guard is not operating under the Department of the Navy, 
distinguishes himself or herself by extraordinary heroism not 
justifying the award of a medal of honor--
          (1) while engaged in an action against an enemy of 
        the United States;
          (2) while engaged in military operations involving 
        conflict with an opposing foreign force or 
        international terrorist organization; or
          (3) while serving with friendly foreign forces 
        engaged in an armed conflict against an opposing armed 
        force in which the United States is not a belligerent 
        party.

Sec. [492.]  2736. Distinguished service medal

  The President may present, but not in the name of Congress, a 
distinguished service medal of appropriate design, with 
accompanying ribbon, together with a rosette or other device, 
to be worn in lieu thereof, to any person who, while serving in 
any capacity with the Coast Guard, distinguishes himself by 
exceptionally meritorious service to the Government in a duty 
of great responsibility.

Sec. [492a.]  2737. Silver star medal

  The President may award a silver star medal of appropriate 
design, with ribbons and appurtenances, to a person who, while 
serving in any capacity with the Coast Guard, when the Coast 
Guard is not operating under the Department of the Navy, is 
cited for gallantry in action that does not warrant a medal of 
honor or Coast Guard cross--
          (1) while engaged in an action against an enemy of 
        the United States;
          (2) while engaged in military operations involving 
        conflict with an opposing foreign force or 
        international terrorist organization; or
          (3) while serving with friendly foreign forces 
        engaged in an armed conflict against an opposing armed 
        force in which the United States is not a belligerent 
        party.

Sec. [492b.]  2738. Distinguished flying cross

  The President may present, but not in the name of Congress, a 
distinguished flying cross of appropriate design, with 
accompanying ribbon, to any person who, while serving in any 
capacity with the Coast Guard, distinguishes himself by heroism 
or extraordinary achievement while participating in an aerial 
flight.

Sec. [493.]  2739. Coast Guard medal

  The President may present, but not in the name of Congress, a 
medal to be known as the Coast Guard medal, of appropriate 
design, with accompanying ribbon, together with a rosette or 
other device to be worn in lieu thereof, to any person who, 
while serving in any capacity with the Coast Guard, 
distinguishes himself by heroism not involving actual conflict 
with an enemy.

Sec. [494.]  2740. Insignia for additional awards

  No more than one Coast Guard cross, distinguished service 
medal, silver star medal, distinguished flying cross, or one 
Coast Guard medal shall be issued to any one person; but for 
each succeeding deed or service sufficient to justify the 
awarding of a Coast Guard cross, distinguished service medal, 
silver star medal, distinguished flying cross, or Coast Guard 
medal, the President may award a suitable emblem or insignia to 
be worn with the decoration and a corresponding rosette or 
other device.

Sec. [496.]  2741. Time limit on award; report concerning deed

  (a) No medal of honor, Coast Guard cross, distinguished 
service medal, silver star medal, distinguished flying cross, 
Coast Guard medal, or bar, emblem, or insignia in lieu thereof 
may be awarded to a person unless--
          (1) the award is made within five years after the 
        date of the deed or service justifying the award;
          (2) a statement setting forth the deed or 
        distinguished service and recommending official 
        recognition of it was made by his superior through 
        official channels within three years from the date of 
        that deed or termination of the service.
  (b) If the Secretary determines that--
          (1) a statement setting forth the deed or 
        distinguished service and recommending official 
        recognition of it was made by the person's superior 
        through official channels within three years from the 
        date of that deed or termination of the service and was 
        supported by sufficient evidence within that time; and
          (2) no award was made, because the statement was lost 
        or through inadvertence the recommendation was not 
        acted upon; a medal of honor, Coast Guard cross, 
        distinguished service medal, silver star medal, 
        distinguished flying cross, Coast Guard medal, or bar, 
        emblem, or insignia in lieu thereof, as the case may 
        be, may be awarded to the person within two years after 
        the date of that determination.

Sec. [497.]  2742. Honorable subsequent service as condition to award

  No medal of honor, Coast Guard cross, distinguished service 
medal, silver star medal, distinguished flying cross, Coast 
Guard medal, or emblem, or insignia in lieu thereof shall be 
awarded or presented to any individual, or to the 
representative of any individual, whose entire service 
subsequent to the time he distinguished himself shall not in 
the opinion of the Commandant have been honorable.

Sec. [498.]  2743. Posthumous awards

  In case an individual who distinguishes himself dies before 
the making of any award to which he may be entitled, as 
authorized in this chapter, the award may be made and presented 
within five years from the date of the act or service 
justifying the award to such next of kin as may have been 
designated by the individual, or in the absence of such 
designation, or if the designated person is not alive at the 
time of the award, or the relationship between such person and 
the serviceman shall have been terminated before his death, 
then to such representative as the President designates. In the 
event of a posthumous award when the award will be made to the 
parents of the deceased and the parents have been divorced or 
separated, a duplicate award may be made to each parent.

Sec. [500.]  2744. Life-saving medals

  (a) The Secretary may, under regulations prescribed by him, 
award a Life-saving medal of gold or silver to any person, 
including personnel of the Coast Guard, who rescues or 
endeavors to rescue any other person from drowning, shipwreck, 
or other peril of the water in accordance with the following 
provisions:
          (1) if such rescue or attempted rescue is made at the 
        risk of one's own life and evidences extreme and heroic 
        daring, the medal shall be of gold;
          (2) if such rescue or attempted rescue is not 
        sufficiently distinguished to deserve the medal of 
        gold, but evidences the exercise of such signal 
        exertion as to merit recognition, the medal shall be of 
        silver.
  (b) In order for a person to be eligible for the Life-saving 
Medals the rescue or attempted rescue must take place in waters 
within the United States or subject to the jurisdiction 
thereof, or if the rescue or attempted rescue takes place 
outside such waters, one or the other of the parties must be a 
citizen of the United States or from a vessel or aircraft owned 
or operated by citizens of the United States.
  (c) No person shall receive more than one gold medal and one 
silver medal; but any person who has received or may hereafter 
receive a gold or silver medal and who again performs an act 
which would entitle him to receive another medal of the same 
class may be awarded, in lieu of a second medal of the same 
class, a gold or silver bar, as the case may be, to be worn 
with the medal already bestowed, and for every such additional 
act, an additional bar may be awarded. Medals and bars in lieu 
thereof, authorized by this subsection, may be awarded 
posthumously.

Sec. [501.]  2745. Replacement of medals

  In those cases where a medal, or a bar, emblem, or insignia 
in lieu thereof, awarded pursuant to this chapter has been 
stolen, lost, destroyed, or rendered unfit for use without 
fault or neglect on the part of the person to whom it was 
awarded, such medal, or bar, emblem, or insignia in lieu 
thereof, shall be replaced without charge, or, in the 
discretion of the Secretary, upon condition that the Government 
is reimbursed for the cost thereof.

Sec. [502.]  2746. Award of other medals

  Coast Guard personnel, notwithstanding the provisions of this 
chapter, may be awarded medals, bars, emblems, or insignia to 
which such personnel may be entitled under other provisions of 
law.

Sec. [503.]  2747. Awards and insignia for excellence in service or 
                    conduct

  The Coast Guard may award trophies, badges, and cash prizes 
to Coast Guard personnel or groups thereof, including personnel 
of the reserve components thereof whether or not on active 
duty, for excellence in accomplishments related to Coast Guard 
service, to incur such expenses as may be necessary to enter 
such personnel in competitions, and to provide badges or 
buttons in recognition of special service, good conduct, and 
discharge under conditions other than dishonorable.

Sec. [516.]  2748. Presentation of United States flag upon retirement

  (a) Presentation of Flag.--Upon the release of a member of 
the Coast Guard from active duty for retirement, the Secretary 
shall present a United States flag to the member.
  (b) Multiple Presentations Not Authorized.--A member is not 
eligible for a presentation of a flag under subsection (a) if 
the member has previously been presented a flag under this 
section or any other provision of law providing for the 
presentation of a United States flag incident to release from 
active service for retirement.
  (c) No Cost to Recipient.--The presentation of a flag under 
this section shall be at no cost to the recipient.

                        SUBCHAPTER III--PAYMENTS

Sec. [509.]  2761. Persons discharged as result of court-martial; 
                    allowances to

  The Secretary may furnish persons discharged pursuant to the 
sentence of a Coast Guard court-martial suitable civilian 
clothing and a monetary allowance not to exceed $25 if the 
person discharged would not otherwise have suitable clothing or 
funds to meet immediate needs.

Sec. [510.]  2762. Shore patrol duty; payment of expenses

  An officer or cadet of the Coast Guard who is assigned shore 
patrol duty away from his vessel or other duty station may be 
paid his actual expenses.

Sec. [511.]  2763. Compensatory absence from duty for military 
                    personnel at isolated duty stations

  The Secretary may grant compensatory absence from duty to 
military personnel of the Coast Guard serving at isolated duty 
stations of the Coast Guard when conditions of duty result in 
confinement because of isolation or in long periods of 
continuous duty.

Sec. [512.]  2764. Monetary allowance for transportation of household 
                    effects

  The transportation and reimbursement authorized by subsection 
(b) of section 476 of title 37 shall be available hereafter to 
pay a monetary allowance in place of such transportation to a 
member who, under regulations prescribed by the Secretary, 
participates in a program designated by the Secretary in which 
his baggage and household effects are moved by a privately 
owned or rental vehicle. This allowance shall not be limited to 
reimbursement for actual expenses and may be paid in advance of 
the transportation of the baggage and household effects. The 
allowance shall, however, be in an amount that will result in 
savings to the Government when the total cost of the movement 
of baggage and household effects is compared with the cost that 
otherwise would have been incurred under subsection (b) of 
section 476 of title 37.

Sec. [513.]  2765. Retroactive payment of pay and allowances delayed by 
                    administrative error or oversight

  Under regulations prescribed by the Secretary, the Coast 
Guard may authorize retroactive payment of pay and allowances, 
including selective reenlistment bonuses, to enlisted members 
if entitlement to the pay and allowances was delayed in vesting 
solely because of an administrative error or oversight.

Sec. [517.]  2766. Travel card management

  (a) In General.--The Secretary may require that travel or 
transportation allowances due a civilian employee or military 
member of the Coast Guard be disbursed directly to the issuer 
of a Federal contractor-issued travel charge card, but only in 
an amount not to exceed the authorized travel expenses charged 
by that Coast Guard member to that travel charge card issued to 
that employee or member.
  (b) Withholding of Nondisputed Obligations.--The Secretary 
may also establish requirements similar to those established by 
the Secretary of Defense pursuant to section 2784a of title 10 
for deduction or withholding of pay or retired pay from a Coast 
Guard employee, member, or retired member who is delinquent in 
payment under the terms of the contract under which the card 
was issued and does not dispute the amount of the delinquency.

Sec. [518.]  2767. Reimbursement for medical-related travel expenses 
                    for certain persons residing on islands in the 
                    continental United States

  In any case in which a covered beneficiary (as defined in 
section 1072(5) of title 10) resides on an island that is 
located in the 48 contiguous States and the District of 
Columbia and that lacks public access roads to the mainland and 
is referred by a primary care physician to a specialty care 
provider (as defined in section 1074i(b) of title 10) on the 
mainland who provides services less than 100 miles from the 
location where the beneficiary resides, the Secretary shall 
reimburse the reasonable travel expenses of the covered 
beneficiary and, when accompaniment by an adult is necessary, 
for a parent or guardian of the covered beneficiary or another 
member of the covered beneficiary's family who is at least 21 
years of age.

Sec. [519.]  2768. Annual audit of pay and allowances of members 
                    undergoing permanent change of station

  The Commandant shall conduct each calendar year an audit of 
member pay and allowances for the members who transferred to 
new units during such calendar year. The audit for a calendar 
year shall be completed by the end of the calendar year.

Sec. [461.]  2769. Remission of indebtedness

  The Secretary may have remitted or cancelled any part of a 
person's indebtedness to the United States or any 
instrumentality of the United States if--
          (1) the indebtedness was incurred while the person 
        served as a member of the Coast Guard, whether as a 
        regular or a reserve in active status; and
          (2) the Secretary determines that remitting or 
        cancelling the indebtedness is in the best interest of 
        the United States.

Sec. [470.]  2770. Special instruction at universities

  Coast Guard personnel may be assigned for special instruction 
at private or state colleges or universities, and their 
expenses, including tuition, books, laboratory equipment and 
fees, and school supplies, may be defrayed by the Coast Guard.

Sec. [471.]  2771. Attendance at professional meetings

  Coast Guard personnel may be directed to attend meetings of 
technical, professional, scientific, and other similar 
organizations and may be reimbursed for expenses thereby 
incurred at the rates authorized by law.

Sec. [472.]  2772. Education loan repayment program

  (a)(1) Subject to the provisions of this section, the 
Secretary may repay--
                  (A) any loan made, insured, or guaranteed 
                under part B of title IV of the Higher 
                Education Act of 1965 (20 U.S.C. 1071 et seq.);
                  (B) any loan made under part D of such title 
                (the William D. Ford Federal Direct Loan 
                Program, 20 U.S.C. 1087a et seq.); or
                  (C) any loan made under part E of such title 
                (20 U.S.C. 1087aa et seq.).
Repayment of any such loan shall be made on the basis of each 
complete year of service performed by the borrower.
          (2) The Secretary may repay loans described in 
        paragraph (1) in the case of any person for service 
        performed on active duty as an enlisted member of the 
        Coast Guard in a specialty specified by the Secretary.
  (b) The portion or amount of a loan that may be repaid under 
subsection (a) is 331/3 percent or $1,500, whichever is 
greater, for each year of service.
  (c) If a portion of a loan is repaid under this section for 
any year, interest on the remainder of such loan shall accrue 
and be paid in the same manner as is otherwise required.
  (d) Nothing in this section shall be construed to authorize 
refunding any repayment of a loan.
  (e) The Secretary shall, by regulation, prescribe a schedule 
for the allocation of funds made available to carry out this 
section during any year for which funds are not sufficient to 
pay the sum of the amounts eligible for repayment under 
subsection (a).

Sec. [478.]  2773. Rations or commutation therefor in money

  (a) Enlisted members of the Coast Guard, civilian officers 
and civilian crews of vessels, and working parties in the field 
shall be allowed a ration or commutation thereof in money, in 
such amount and under limitations and regulations prescribed by 
the Secretary.
  (b) Money for commuted rations shall be paid, under such 
regulations as the Secretary shall prescribe, on proper 
vouchers, or pay rolls, to persons entitled to receive it, or 
to the officers designated by the Commandant to administer the 
financial affairs of the messes in which such persons may be 
subsisted.
  (c) Money paid for commuted rations to the designated officer 
may be deposited in general or limited depositories of public 
money or in any bank in which deposits are insured. Such funds 
shall be expended and accounted for under such regulations as 
the Secretary shall prescribe.
  (d) Nothing contained in this section shall be construed as 
modifying or changing in any manner the provisions of law 
pertaining to subsistence allowances for enlisted members, but 
no ration or commutation thereof shall be allowed a person 
receiving a subsistence allowance.

Sec. [479.]  2774. Sales of ration supplies to messes

  Ration supplies may be purchased by the cabin, wardroom, 
warrant officers', and other authorized messes and payment 
therefor made in cash to the commissary officer. The prices to 
be charged for such supplies shall not be less than the invoice 
prices, and the cash received from such sales shall be 
accounted for on the ration return and may be expended for the 
general mess.

Sec. [480.]  2775. Flight rations

  There may be furnished to officers, enlisted members, and 
civilian employees, while actually engaged in flight 
operations, an aircraft flight ration in kind, chargeable to 
the proper Coast Guard appropriation, which flight ration shall 
be supplementary to any ration or subsistence allowance now 
granted to such personnel. No part of an aircraft flight ration 
shall be furnished without cost to any person in a travel 
status or to any person to whom a per diem allowance is granted 
in lieu of actual subsistence.

Sec. [481.]  2776. Payments at time of discharge for good of service

  Enlisted members discharged by dishonorable discharge, bad-
conduct discharge, or any other discharge for the good of the 
service, may, upon discharge, be paid a sum not to exceed $25. 
The sum paid shall be fixed by and in the discretion of the 
Commandant, and shall be paid only in cases where the person so 
discharged would otherwise be without funds to meet his 
immediate needs.

Sec. [486.]  2777. Clothing for destitute shipwrecked persons

  The Coast Guard may furnish clothing and subsistence to 
destitute shipwrecked persons, and the Coast Guard may 
reimburse, in cash or in kind, Coast Guard personnel who 
furnish clothing and subsistence to destitute ship- wrecked 
persons.

Sec. [488.]  2778. Advancement of public funds to personnel

  The Commandant, under regulations prescribed by the 
Secretary, may advance public funds to personnel when required 
to meet expenses of members detailed on emergency shore duty. 
Funds so advanced shall not exceed a reasonable estimate of the 
actual expenditures to be made and for which reimbursement is 
authorized by law.

Sec. [660.]  2779. Transportation to and from certain places of 
                    employment

  (a) Whenever the Secretary determines that it is necessary 
for the effective conduct of the affairs of the Coast Guard, he 
may, at reasonable rates of fare fixed under regulations to be 
prescribed by him, provide assured and adequate transportation 
by motor vehicle or water carrier to and from their places of 
employment for persons attached to, or employed by, the Coast 
Guard; and during a war or during a national emergency declared 
by Congress or the President, for persons attached to, or 
employed in, a private plant that is manufacturing material for 
the Coast Guard.
  (b) Transportation may not be provided under subsection (a) 
unless the Secretary or an officer designated by the Secretary, 
determines that--
          (1) other transportation facilities are inadequate 
        and cannot be made adequate;
          (2) a reasonable effort has been made to induce 
        operators of private facilities to provide the 
        necessary transportation; and
          (3) the service to be furnished will make proper use 
        of transportation facilities and will supply the most 
        efficient transportation to the persons concerned.
  (c) To provide transportation under subsection (a), the 
Secretary may--
          (1) buy, lease, or charter motor vehicles or water 
        carriers having a seating capacity of 12 or more 
        passengers;
          (2) maintain and operate that equipment by enlisted 
        members or employees of the Coast Guard, or by private 
        persons under contract; and
          (3) lease or charter the equipment to private or 
        public carriers for operation under terms that are 
        considered necessary by the Secretary or by an officer 
        designated by the Secretary, and that may provide for 
        the pooling of government-owned and privately owned 
        equipment and facilities and for the reciprocal use of 
        that equipment.
  (d) Fares received under subsection (a), and proceeds of the 
leasing or chartering of equipment under subsection (c)(3), 
shall be covered into the Treasury as miscellaneous receipts.

  CHAPTER 29 --[REPORTS] COAST GUARD FAMILY SUPPORT, CHILD CARE, AND 
                                HOUSING 

[Sec.
[2901. Transmission of annual Coast Guard authorization request.
[2902. Capital investment plan.
[2903. Major acquisitions.
[2904. Manpower requirements plan.]

                    SUBCHAPTER I-COAST GUARD FAMILIES

Sec.
2901. Work-life policies and programs.
2902. Surveys of Coast Guard families.
2903. Reimbursement for adoption expenses.
2904. Education and training opportunities for Coast Guard spouses.
2905. Youth sponsorship initiatives.
2906. Dependent school children.

                  SUBCHAPTER II-COAST GUARD CHILD CARE 

2921. Definitions.
2922. Child development services.
2923. Child development center standards and inspections.
2924. Child development center employees.
2925. Parent partnerships with child development centers.

                         SUBCHAPTER III-HOUSING

2941. Definitions.
2942. General authority.
2943. Leasing and hiring of quarters; rental of inadequate housing.
2944. Retired service members and dependents serving on advisory 
          committees.
2945. Conveyance of real property.
2946. Coast Guard Housing Fund.
2947. Reports.

                   SUBCHAPTER I--COAST GUARD FAMILIES

Sec. [531.]  2901. Work-life policies and programs

  The Commandant is authorized--
          (1) to establish an office for the purpose of 
        developing, promulgating, and coordinating policies, 
        programs, and activities related to the families of 
        Coast Guard members;
          (2) to implement and oversee policies, programs, and 
        activities described in paragraph (1) as the Commandant 
        considers necessary; and
          (3) to perform such other duties as the Commandant 
        considers necessary.

Sec. [532.]  2902. Surveys of Coast Guard families

  (a) Authority.--The Commandant, in order to determine the 
effectiveness of Federal policies, programs, and activities 
related to the families of Coast Guard members, may survey--
          (1) any Coast Guard member;
          (2) any retired Coast Guard member;
          (3) the immediate family of any Coast Guard member or 
        retired Coast Guard member; and
          (4) any survivor of a deceased Coast Guard member.
  (b) Voluntary Participation.--Participation in any survey 
conducted under subsection (a) shall be voluntary.
  (c) Federal Recordkeeping.--Each person surveyed under 
subsection (a) shall be considered an employee of the United 
States for purposes of section 3502(3)(A)(i) of title 44.

Sec. [541.]  2903. Reimbursement for adoption expenses

  (a) Authorization To Reimburse.--The Secretary shall carry 
out a program under which a member of the Coast Guard may be 
reimbursed, as provided in this section, for qualifying 
adoption expenses incurred by the member in the adoption of a 
child under 18 years of age.
  (b) Adoptions Covered.--An adoption for which expenses may be 
reimbursed under this section includes an adoption by a single 
person, an infant adoption, an intercountry adoption, and an 
adoption of a child with special needs (as defined in section 
473(c) of the Social Security Act (42 U.S.C. 673(c))).
  (c) Benefits Paid After Adoption Is Final.--Benefits paid 
under this section in the case of an adoption may be paid only 
after the adoption is final.
  (d) Treatment of Other Benefits.--A benefit may not be paid 
under this section for any expense paid to or for a member of 
the Coast Guard under any other adoption benefits program 
administered by the Federal Government or under any such 
program administered by a State or local government.
  (e) Limitations.--(1) Not more than $2,000 may be paid under 
this section to a member of the Coast Guard, or to two such 
members who are spouses of each other, for expenses incurred in 
the adoption of a child.
          (2) Not more than $5,000 may be paid under this 
        section to a member of the Coast Guard, or to two such 
        members who are spouses of each other, for adoptions by 
        such member (or members) in any calendar year.
  (f) Regulations.--The Secretary shall prescribe regulations 
to carry out this section.
  (g) Definitions.--In this section:
          (1) The term ``qualifying adoption expenses'' means 
        reasonable and necessary expenses that are directly 
        related to the legal adoption of a child under 18 years 
        of age, but only if such adoption is arranged by a 
        qualified adoption agency. Such term does not include 
        any expense incurred--
                  (A) by an adopting parent for travel; or
                  (B) in connection with an adoption arranged 
                in violation of Federal, State, or local law.
          (2) The term ``reasonable and necessary expenses'' 
        includes--
                  (A) public and private agency fees, including 
                adoption fees charged by an agency in a foreign 
                country;
                  (B) placement fees, including fees charged 
                adoptive parents for counseling;
                  (C) legal fees (including court costs) in 
                connection with services that are unavailable 
                to a member of the Coast Guard under section 
                1044 or 1044a of title 10; and
                  (D) medical expenses, including hospital 
                expenses of the biological mother of the child 
                to be adopted and of a newborn infant to be 
                adopted.
          (3) The term ``qualified adoption agency'' means any 
        of the following:
                  (A) A State or local government agency which 
                has responsibility under State or local law for 
                child placement through adoption.
                  (B) A nonprofit, voluntary adoption agency 
                which is authorized by State or local law to 
                place children for adoption.
                  (C) Any other source authorized by a State to 
                provide adoption placement if the adoption is 
                supervised by a court under State or local law.

Sec. [542.]  2904. Education and training opportunities for Coast Guard 
                    spouses

  (a) Tuition Assistance.--The Commandant may provide, subject 
to the availability of appropriations, tuition assistance to an 
eligible spouse to facilitate the acquisition of--
          (1) education and training required for a degree or 
        credential at an accredited college, university, or 
        technical school in the United States that expands 
        employment and portable career opportunities for the 
        spouse; or
          (2) education prerequisites and a professional 
        license or credential required, by a government or 
        government-sanctioned licensing body, for an occupation 
        that expands employment and portable career 
        opportunities for the spouse.
  (b) Definitions.--In this section, the following definitions 
apply:
          (1) Eligible spouse.--
                  (A) In general.--The term ``eligible spouse'' 
                means the spouse of a member of the Coast Guard 
                who is serving on active duty and includes a 
                spouse who receives transitional compensation 
                under section 1059 of title 10.
                  (B) Exclusion.--The term ``eligible spouse'' 
                does not include a person who--
                          (i) is married to, but legally 
                        separated from, a member of the Coast 
                        Guard under a court order or statute of 
                        any State or territorial possession of 
                        the United States; or
                          (ii) is eligible for tuition 
                        assistance as a member of the Armed 
                        Forces.
          (2) Portable career.--The term ``portable career'' 
        includes an occupation that requires education, 
        training, or both that results in a credential that is 
        recognized by an industry, profession, or specific type 
        of business.

Sec. [543.]  2905. Youth sponsorship initiatives

  (a) In General.--The Commandant is authorized to establish, 
within any Coast Guard unit, an initiative to help integrate 
into new surroundings the dependent children of members of the 
Coast Guard who received permanent change of station orders.
  (b) Description of Initiative.--An initiative established 
under subsection (a) shall--
          (1) provide for the involvement of a dependent child 
        of a member of the Coast Guard in the dependent child's 
        new Coast Guard community; and
          (2) primarily focus on preteen and teenaged children.
  (c) Authority.--In carrying out an initiative under 
subsection (a), the Commandant may--
          (1) provide to a dependent child of a member of the 
        Coast Guard information on youth programs and 
        activities available in the dependent child's new Coast 
        Guard community; and
          (2) enter into agreements with nonprofit entities to 
        provide youth programs and activities to such child.

Sec. [544.]  2906. Dependent school children

  (a) The Secretary may provide, out of funds appropriated to 
or for the use of the Coast Guard, for the primary and 
secondary schooling of dependents of Coast Guard personnel 
stationed outside the continental United States at costs for 
any given area not in excess of those of the Department of 
Defense for the same area, when it is determined by the 
Secretary that the schools, if any, available in the locality 
are unable to provide adequately for the education of those 
dependents.
  (b) Whenever the Secretary, under such regulations as he may 
prescribe, determines that schools located in the same area in 
which a Coast Guard facility is located are not accessible by 
public means of transportation on a regular basis, he may 
provide, out of funds appropriated to or for the use of the 
Coast Guard, for the transportation of dependents of Coast 
Guard personnel between the schools serving the area and the 
Coast Guard facility.

                 SUBCHAPTER II--COAST GUARD CHILD CARE

Sec. [551.]  2921. Definitions

  In this subchapter, the following definitions apply:
          (1) Child abuse and neglect.--The term ``child abuse 
        and neglect'' has the meaning given that term in 
        section 3 of the Child Abuse Prevention and Treatment 
        Act (42 U.S.C. 5101 note).
          (2) Child development center employee.--The term 
        ``child development center employee'' means a civilian 
        employee of the Coast Guard who is employed to work in 
        a Coast Guard child development center without regard 
        to whether the employee is paid from appropriated or 
        nonappropriated funds.
          (3) Coast guard child development center.--The term 
        ``Coast Guard child development center'' means a 
        facility on Coast Guard property or on property under 
        the jurisdiction of the commander of a Coast Guard unit 
        at which child care services are provided for members 
        of the Coast Guard.
          (4) Competitive service position.--The term 
        ``competitive service position'' means a position in 
        the competitive service (as defined in section 2102 of 
        title 5).
          (5) Family home daycare.--The term ``family home 
        daycare'' means home-based child care services provided 
        for a member of the Coast Guard by an individual who--
                  (A) is certified by the Commandant as 
                qualified to provide home-based child care 
                services; and
                  (B) provides home-based child care services 
                on a regular basis in exchange for monetary 
                compensation.

Sec. [552.]  2922. Child development services

  (a) The Commandant may make child development services 
available for members and civilian employees of the Coast 
Guard, and thereafter as space is available for members of the 
Armed Forces and Federal civilian employees. Child development 
service benefits provided under the authority of this section 
shall be in addition to benefits provided under other laws.
  (b)(1) The Commandant is authorized to use appropriated funds 
available to the Coast Guard to provide child development 
services.
          (2)(A) The Commandant is authorized to establish, by 
        regulations, fees to be charged parents for the 
        attendance of children at Coast Guard child development 
        centers.
                  (B) Fees to be charged, pursuant to 
                subparagraph (A), shall be based on family 
                income and whether a family is participating in 
                an initiative established under section 555(b), 
                except that the Commandant may, on a case-by-
                base basis, establish fees at lower rates if 
                such rates would not be competitive with rates 
                at local child development centers.
                  (C) The Commandant is authorized to collect 
                and expend fees, established pursuant to this 
                subparagraph, and such fees shall, without 
                further appropriation, remain available until 
                expended for the purpose of providing services, 
                including the compensation of employees and the 
                purchase of consumable and disposable items, at 
                Coast Guard child development centers.
          (3) The Commandant is authorized to use appropriated 
        funds available to the Coast Guard to provide 
        assistance to family home daycare providers so that 
        family home daycare services can be provided to 
        uniformed service members and civilian employees of the 
        Coast Guard at a cost comparable to the cost of 
        services provided by Coast Guard child development 
        centers.
  (c) The Secretary shall promulgate regulations to implement 
this section. The regulations shall establish fees to be 
charged for child development services provided under this 
section which take into consideration total family income.

Sec. [553.]  2923. Child development center standards and inspections

  (a) Standards.--The Commandant shall require each Coast Guard 
child development center to meet standards that the Commandant 
considers appropriate to ensure the health, safety, and welfare 
of the children and employees at the center.
  (b) Inspections.--The Commandant shall provide for regular 
and unannounced inspections of each Coast Guard child 
development center to ensure compliance with this section.
  (c) National Reporting.--
          (1) In general.--The Commandant shall maintain and 
        publicize a means by which an individual can report, 
        with respect to a Coast Guard child development center 
        or a family home daycare--
                  (A) any suspected violation of--
                          (i) standards established under 
                        subsection (a); or
                          (ii) any other applicable law or 
                        standard;
                  (B) suspected child abuse or neglect; or
                  (C) any other deficiency.
          (2) Anonymous reporting.--The Commandant shall ensure 
        that an individual making a report pursuant to 
        paragraph (1) may do so anonymously if so desired by 
        the individual.
          (3) Procedures.--The Commandant shall establish 
        procedures for investigating reports made pursuant to 
        paragraph (1).

Sec. [554.]  2924. Child development center employees

  (a) Training.--
          (1) In general.--The Commandant shall establish a 
        training program for Coast Guard child development 
        center employees and satisfactory completion of the 
        training program shall be a condition of employment for 
        each employee of a Coast Guard child development 
        center.
          (2) Timing for new hires.--The Commandant shall 
        require each employee of a Coast Guard child 
        development center to complete the training program 
        established under paragraph (1) not later than 6 months 
        after the date on which the employee is hired.
          (3) Minimum requirements.--The training program 
        established under paragraph (1) shall include, at a 
        minimum, instruction with respect to--
                  (A) early childhood development;
                  (B) activities and disciplinary techniques 
                appropriate to children of different ages;
                  (C) child abuse and neglect prevention and 
                detection; and
                  (D) cardiopulmonary resuscitation and other 
                emergency medical procedures.
          (4) Use of department of defense programs.--The 
        Commandant may use Department of Defense training 
        programs, on a reimbursable or nonreimbursable basis, 
        for purposes of this subsection.
  (b) Training and Curriculum Specialists.--
          (1) Specialist required.--The Commandant shall 
        require that at least 1 employee at each Coast Guard 
        child development center be a specialist in training 
        and curriculum development with appropriate credentials 
        and experience.
          (2) Duties.--The duties of the specialist described 
        in paragraph (1) shall include--
                  (A) special teaching activities;
                  (B) daily oversight and instruction of other 
                child care employees;
                  (C) daily assistance in the preparation of 
                lesson plans;
                  (D) assisting with child abuse and neglect 
                prevention and detection; and
                  (E) advising the director of the center on 
                the performance of the other child care 
                employees.
          (3) Competitive service.--Each specialist described 
        in paragraph (1) shall be an employee in a competitive 
        service position.

Sec. [555.]  2925. Parent partnerships with child development centers

  (a) Parent Boards.--
          (1) Formation.--The Commandant shall require that 
        there be formed at each Coast Guard child development 
        center a board of parents, to be composed of parents of 
        children attending the center.
          (2) Functions.--Each board of parents formed under 
        paragraph (1) shall--
                  (A) meet periodically with the staff of the 
                center at which the board is formed and the 
                commander of the unit served by the center, for 
                the purpose of discussing problems and 
                concerns; and
                  (B) be responsible, together with the staff 
                of the center, for coordinating any parent 
                participation initiative established under 
                subsection (b).
          (3) FACA.--The Federal Advisory Committee Act (5 
        U.S.C. App.) does not apply to a board of parents 
        formed under paragraph (1).
  (b) Parent Participation Initiative.--The Commandant is 
authorized to establish a parent participation initiative at 
each Coast Guard child development center to encourage and 
facilitate parent participation in educational and related 
activities at the center.

                        SUBCHAPTER III--HOUSING

Sec. [680.]  2941. Definitions

  In this chapter:
          (1) The term ``construct'' means to build, renovate, 
        or improve military family housing and military 
        unaccompanied housing.
          (2) The term ``construction'' means building, 
        renovating, or improving military family housing and 
        military unaccompanied housing.
          (3) The term ``military unaccompanied housing'' means 
        military housing intended to be occupied by members of 
        the armed forces serving a tour of duty unaccompanied 
        by dependents.
          (4) The term ``United States'' includes the 
        Commonwealth of Puerto Rico, Guam, the United States 
        Virgin Islands, and the District of Columbia.

Sec. [681.]  2942. General authority

  (a) Authority.--In addition to any other authority providing 
for the acquisition or construction of military family housing 
or military unaccompanied housing, the Secretary may acquire or 
construct the following:
          (1) Military family housing on or near Coast Guard 
        installations within the United States and its 
        territories and possessions.
          (2) Military unaccompanied housing on or near such 
        Coast Guard installations.
  (b) Limitation on Appropriations.--No appropriation shall be 
made to acquire or construct military family housing or 
military unaccompanied housing under this chapter if that 
acquisition or construction has not been approved by 
resolutions adopted by the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate.

Sec. [475.]  2943. Leasing and hiring of quarters; rental of inadequate 
                    housing

  (a) The Secretary is authorized to lease housing facilities 
at or near Coast Guard installations, wherever located, for 
assignment as public quarters to military personnel and their 
dependents, if any, without rental charge upon a determination 
by the Secretary, or his designee, that there is a lack of 
adequate housing facilities at or near such Coast Guard 
installations. The Secretary is also authorized to lease 
housing facilities for assignment as public quarters, without 
rental charge, to military personnel who are on sea duty or 
duty at remote offshore Coast Guard stations and who do not 
have dependents. Such authority shall be effective in any 
fiscal year only to such extent or in such amounts as are 
provided in appropriation Acts. When any such lease involves 
housing facilities in a foreign country, the lease may be made 
on a multiyear basis for a period not to exceed five years, 
and, in accordance with local custom and practice, advance 
payment may be made for the lease. Such public housing 
facilities may be leased on an individual or multiple-unit 
basis. Expenditures for the rental of such housing facilities 
may not exceed the average authorized for the Department of 
Defense in any year except where the Secretary finds that the 
average is so low as to prevent rental of necessary housing 
facilities in some areas, in which event he is authorized to 
reallocate existing funds to high-cost areas so that rental 
expenditures in such areas exceed the average authorized for 
the Department of Defense.
  (b) The Secretary is authorized, subject to regulations 
approved by the President--
          (1) to designate as rental housing such housing as he 
        may determine to be inadequate as public quarters; and
          (2) to lease inadequate housing to members of the 
        Coast Guard for occupancy by them and their dependents.
  (c) Where sufficient quarters are not possessed by the United 
States, the Commandant may hire quarters for personnel, 
including personnel on sea duty at such times as they may be 
deprived of their quarters on board ship due to repairs or 
other conditions which may render them uninhabitable. Such 
accommodations shall not be available for occupancy by the 
dependents of such personnel.

Sec. [680.]  2944. Retired service members and dependents serving on 
                    advisory committees

  A committee that--
          (1) advises or assists the Coast Guard with respect 
        to a function that affects a member of the Coast Guard 
        or a dependent of such a member; and
          (2) includes in its membership a retired Coast Guard 
        member or a dependent of such a retired member;
shall not be considered an advisory committee under the Federal 
Advisory Committee Act (5 U.S.C. App.) solely because of such 
membership.

Sec. [685.]  2945. Conveyance of real property

  (a) Conveyance Authorized.--Notwithstanding any other 
provision of law, the Secretary may convey, at fair market 
value, real property, owned or under the administrative control 
of the Coast Guard, for the purpose of expending the proceeds 
from such conveyance to acquire and construct military family 
housing and military unaccompanied housing.
  (b) Terms and Conditions.--
          (1) The conveyance of real property under this 
        section shall be by sale, for cash. The Secretary shall 
        deposit the proceeds from the sale in the Coast Guard 
        Housing Fund established under section 687 of this 
        title, for the purpose of expending such proceeds to 
        acquire and construct military family housing and 
        military unaccompanied housing.
          (2) The conveyance of real property under this 
        section shall not diminish the mission capacity of the 
        Coast Guard, but further the mission support capability 
        of the Coast Guard with regard to military family 
        housing or military unaccompanied housing.
  (c) Relationship to Environmental Law.--This section does not 
affect or limit the application of or obligation to comply with 
any environmental law, including section 120(h) of the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9620(h)).

Sec. [687.]  2946. Coast Guard Housing Fund

  (a) Establishment.--There is hereby established on the books 
of the Treasury an account to be known as the Coast Guard 
Housing Fund (in this section referred to as the ``Fund'').
  (b) Credits to Fund.--There shall be credited to the Fund the 
following:
          (1) Amounts authorized for and appropriated to that 
        Fund.
          (2) Subject to subsection (e), any amounts that the 
        Secretary transfers, in such amounts as provided in 
        appropriation Acts, to that Fund from amounts 
        authorized and appropriated to the Department of 
        Homeland Security or Coast Guard for the acquisition or 
        construction of military family housing or military 
        unaccompanied housing.
          (3) Proceeds from the conveyance of property under 
        section 685 of this title for the purpose of carrying 
        out activities under this chapter with respect to 
        military family housing and military unaccompanied 
        housing.
          (4) Monies received under section 93(a)(13).
          (5) Amounts received under section 672a(b).
  (c) Use of Amounts in Fund.--(1) In such amounts as provided 
in appropriations Acts, and except as provided in subsection 
(d), the Secretary may use amounts in the Coast Guard Housing 
Fund to carry out activities under this chapter with respect to 
military family housing and military unaccompanied housing, 
including--
                  (A) the planning, execution, and 
                administration of the conveyance of real 
                property;
                  (B) all necessary expenses, including 
                expenses for environmental compliance and 
                restoration, to prepare real property for 
                conveyance; and
                  (C) the conveyance of real property.
          (2) Amounts made available under this subsection 
        shall remain available until expended.
  (d) Limitation on Obligations.--The Secretary may not incur 
an obligation under a contract or other agreements entered into 
under this chapter in excess of the unobligated balance, at the 
time the contract is entered into, of the Fund required to be 
used to satisfy the obligation.
  (e) Notification Required for Transfers.--A transfer of 
appropriated amounts to the Fund under subsection (b)(2) of 
this section may be made only after the end of a 30-day period 
beginning on the date the Secretary submits written notice of, 
and justification for, the transfer to the appropriate 
committees of Congress.

Sec. [688.]  2947. Reports

  The Secretary shall prepare and submit to Congress, 
concurrent with the budget submitted pursuant to section 1105 
of title 31, a report identifying the contracts or agreements 
for the conveyance of properties pursuant to this chapter 
executed during the prior calendar year.

            Subtitle III--Coast Guard Reserve and Auxiliary

Chap.                                                               Sec.
      Coast Guard Reserve...........................................3701
      Coast Guard Auxiliary.........................................3901
      General Provisions for Coast Guard Reserve and Auxiliary......4101

                    CHAPTER 37--COAST GUARD RESERVE

                       SUBCHAPTER I-ADMINISTRATION

Sec.
3701. Organization.
3702. Authorized strength.
3703. Coast Guard Reserve Boards.
3704. Grades and ratings; military authority.
3705. Benefits.
3706. Temporary members of the Reserve; eligibility and compensation.
3707. Temporary members of the Reserve; disability or death benefits.
3708. Temporary members of the Reserve; certificate of honorable 
          service.
3709. Reserve student aviation pilots; Reserve aviation pilots; 
          appointments in commissioned grade.
3710. Reserve student pre-commissioning assistance program.
3711. Appointment or wartime promotion; retention of grade upon release 
          from active duty.
3712. Exclusiveness of service.
3713. Active duty for emergency augmentation of regular forces.
3714. Enlistment of members engaged in schooling.

                         SUBCHAPTER II-PERSONNEL

3731. Definitions.
3732. Applicability of this subchapter.
3733. Suspension of this subchapter in time of war or national 
          emergency.
3734. Effect of this subchapter on retirement and retired pay.
3735. Authorized number of officers.
3736. Precedence.
3737. Running mates.
3738. Constructive credit upon initial appointment.
3739. Promotion of Reserve officers on active duty.
3740. Promotion; recommendations of selection boards.
3741. Selection boards; appointment.
3742. Establishment of promotion zones under running mate system.
3743. Eligibility for promotion. 
3744. Recommendation for promotion of an officer previously removed from 
          an active status.
3745. Qualifications for promotion.
3746. Promotion; acceptance; oath of office.
3747. Date of rank upon promotion; entitlement to pay.
3748. Type of promotion; temporary.
3749. Effect of removal by the President or failure of consent of the 
          Senate.
3750. Failure of selection for promotion.
3751. Failure of selection and removal from an active status.
3752. Retention boards; removal from an active status to provide a flow 
          of promotion.
3753. Maximum ages for retention in an active status.
3754. Rear admiral and rear admiral (lower half); maximum service in 
          grade.
3755. Appointment of a former Navy or Coast Guard officer.
3756. Grade on entry upon active duty.
3757. Recall of a retired officer; grade upon release.

                      SUBCHAPTER I--ADMINISTRATION

Sec. [701.]  3701. Organization

  The Coast Guard Reserve is a component of the Coast Guard. It 
shall be organized, administered, trained, and supplied under 
the direction of the Commandant.

Sec. [702.]  3702. Authorized strength

  (a) The President shall prescribe the authorized strength of 
the Coast Guard Reserve if not otherwise prescribed by law.
  (b) Subject to the authorized strength of the Coast Guard 
Reserve, the Secretary shall determine, at least annually, the 
authorized strength in numbers in each grade necessary to 
provide for mobilization requirements. Without the consent of 
the member concerned, a member of the Reserve may not be 
reduced in grade because of the Secretary's determination.

Sec. [703.]  3703. Coast Guard Reserve Boards

  (a) The Secretary shall convene a Coast Guard Reserve Policy 
Board at least annually to consider, recommend, and report to 
the Secretary on Reserve policy matters. At least one-half of 
the members of the Board shall be Reserve officers.
  (b) The Secretary may convene any other Reserve Board the 
Secretary considers necessary.

Sec. [704.]  3704. Grades and ratings; military authority

  The grades and ratings in the Reserve, including cadets but 
not grades above rear admiral, are those prescribed by law or 
regulation for the Coast Guard. A member of the Reserve on 
active duty or inactive-duty training has the same authority, 
rights, and privileges in the performance of that duty as a 
member of the Regular Coast Guard of corresponding grade or 
rating.

Sec. [705.]  3705. Benefits

  (a) A member of the Reserve on active duty, on inactive-duty 
training, or engaged in authorized travel to or from that duty, 
is entitled to the same benefits as a member of the Navy 
Reserve of corresponding grade, rating, and length of service. 
In determining length of service for the purpose of this 
section, there shall be included all service for which credit 
is given by law to members of the Regular Coast Guard.
  (b) Chapter [13] 27 of this title applies to a member of the 
Reserve under the same conditions and limitations as it applies 
to a member of the Regular Coast Guard.
  (c) A member of the Reserve who suffers sickness, disease, 
disability, or death is entitled to the same benefits as 
prescribed by law for a member of the Navy Reserve who suffers 
sickness, disease, disability, or death under similar 
conditions.
  (d) A member of the Reserve on active duty or when retired 
for disability is entitled to the benefits of section 253(a) of 
title 42. A member of the Reserve when on active duty (other 
than for training) or when retired for disability is entitled 
to the benefits of chapter 55 of title 10.
  (e) A member of the Reserve, except an enlisted member 
retiring on the basis of years of active service, is entitled 
to the same retirement rights, benefits, and privileges as 
prescribed by law for a member of the Navy Reserve, and 
wherever a law confers authority upon the Secretary of the 
Navy, similar authority is given to the Secretary to be 
exercised with respect to the Coast Guard when the Coast Guard 
is not operating as a service in the Navy. An enlisted member 
of the Reserve who retires on the basis of years of active 
service is entitled to the same retirement rights, benefits, 
and privileges as prescribed by law for an enlisted member of 
the Regular Coast Guard.
  (f) A member of the Coast Guard Reserve not on active duty 
who is enrolled in an officer candidate program authorized by 
section 12209 of title 10 leading to a commission in the Coast 
Guard Reserve, and is a full-time student in an accredited 
college curriculum leading to a bachelor's degree may be paid a 
subsistence allowance for each month of the member's academic 
year at the same rate as that prescribed by section 209(a) of 
title 37.

Sec. [706.]  3706. Temporary members of the Reserve; eligibility and 
                    compensation

  A citizen of the United States, its territories, or 
possessions who is a member of the Auxiliary, an officer or 
member of the crew of a motorboat or yacht placed at the 
disposal of the Coast Guard, or a person (including a 
Government employee without pay other than the compensation of 
that person's civilian position) who by reason of special 
training and experience is considered by the Commandant to be 
qualified for duty, may be enrolled by the Commandant as a 
temporary member of the Reserve, for duty under conditions the 
Commandant may prescribe, including part-time and intermittent 
active duty with or without pay, without regard to age. The 
Commandant is authorized to define the powers and duties of 
temporary members of the Reserve, and to confer upon them, 
appropriate to their qualifications and experience, the same 
grades and ratings as provided for members of the Reserve. When 
performing active duty with pay as authorized by this section, 
temporary members of the Reserve are entitled to receive the 
pay and allowances of their rank, grade, or rating.

Sec. [707.]  3707. Temporary members of the Reserve; disability or 
                    death benefits

  (a) If a temporary member of the Reserve is physically 
injured, or dies as a result of physical injury, and the injury 
is incurred incident to service while performing active duty, 
or engaged in authorized travel to or from that duty, the law 
authorizing compensation for employees of the United States 
suffering injuries while in the performance of their duties, 
applies, subject to this section. That law shall be 
administered by the Secretary of Labor to the same extent as if 
the member was a civil employee of the United States and was 
injured in the performance of that duty. For benefit 
computation, regardless of pay or pay status, the member is 
considered to have had monthly pay of the monthly equivalent of 
the minimum rate of basic pay in effect for grade GS-9 of the 
General Schedule on the date the injury is incurred.
  (b) This section does not apply if the workmen's compensation 
law of a State, a territory, or another jurisdiction provides 
coverage because of a concurrent employment status of the 
temporary member. When the temporary member or a dependent is 
entitled to a benefit under this section and also to a 
concurrent benefit from the United States on account of the 
same disability or death, the temporary member or dependent, as 
appropriate, shall elect which benefit to receive.
  (c) If a claim is filed under this section with the Secretary 
of Labor for benefits because of an alleged injury or death, 
the Secretary of Labor shall notify the Commandant who shall 
direct an investigation into the facts surrounding the alleged 
injury or death. The Commandant shall then certify to the 
Secretary of Labor whether or not the injured or deceased 
person was a temporary member of the Reserve, the person's 
military status, and whether or not the injury or death was 
incurred incident to military service.
  (d) A temporary member of the Reserve, who incurs a physical 
disability or contracts sickness or disease while performing a 
duty to which the member has been assigned by competent 
authority, is entitled to the same hospital treatment afforded 
a member of the Regular Coast Guard.
  (e) In administering section 8133 of title 5, for a person 
covered by this section--
          (1) the percentages applicable to payments under that 
        section are--
                  (A) 45 percent under subsection (a)(2) of 
                that section, where the member died fully or 
                currently insured under title II of the Social 
                Security Act (42 U.S.C. 401 et seq.), with no 
                additional payments for a child or children so 
                long as the widow or widower remains eligible 
                for payments under that subsection;
                  (B) 20 percent under subsection (a)(3) of 
                that section, for one child, and 10 percent 
                additional for each additional child, not to 
                exceed a total of 75 percent, where the member 
                died fully or currently insured under title II 
                of the Social Security Act; and
                  (C) 25 percent under subsection (a)(4) of 
                that section, if one parent was wholly 
                dependent for support upon the deceased member 
                at the time of the member's death and the other 
                was not dependent to any extent; 16 percent to 
                each if both were wholly dependent; and if one 
                was, or both were, partly dependent, a 
                proportionate amount in the discretion of the 
                Secretary of Labor;
          (2) payments may not be made under subsection (a)(5) 
        of that section; and
          (3) the Secretary of Labor shall inform the 
        Commissioner of Social Security whenever a claim is 
        filed and eligibility for compensation is established 
        under subsection (a)(2) or (a)(3) of section 8133 of 
        title 5. The Commissioner of Social Security shall then 
        certify to the Secretary of Labor whether or not the 
        member concerned was fully or currently insured under 
        title II of the Social Security Act at the time of the 
        member's death.

Sec. [708.]  3708. Temporary members of the Reserve; certificate of 
                    honorable service

  In recognition of the service of temporary members of the 
Reserve, the Secretary may upon request issue an appropriate 
certificate of honorable service in lieu of a certificate of 
disenrollment issued to any person following disenrollment 
under honorable conditions from service as a temporary member. 
Issuance of a certificate of honorable service to any person 
under this section does not entitle that person to any rights, 
privileges, or benefits under any law of the United States.

Sec. [709.]  3709. Reserve student aviation pilots; Reserve aviation 
                    pilots; appointments in commissioned grade

  (a) Under regulations prescribed by the Secretary an enlisted 
member of the Reserve may be designated as a student aviation 
pilot.
  (b) A member who is not a qualified aviator may not be 
designated as a student aviation pilot unless the member agrees 
in writing to serve on active duty for a period of two years 
after successful completion of flight training, unless sooner 
released. A student aviation pilot may be released from active 
duty or discharged at any time as provided for in the 
regulations prescribed by the Secretary.
  (c) A student aviation pilot who is a qualified civilian 
aviator may be given a brief refresher course in flight 
training.
  (d) A student aviation pilot undergoing flight training is 
entitled to have uniforms and equipment provided at Government 
expense.
  (e) Under regulations prescribed by the Secretary, a student 
aviation pilot may be designated an aviation pilot upon the 
successful completion of flight training.
  (f) In time of peace, an aviation pilot obligated under 
subsection (b) to serve on active duty for two years may serve 
for an additional period of not more than two years.
  (g) An aviation pilot may be released from active duty or 
discharged at any time as provided for in the regulations 
prescribed by the Secretary.
  (h) If qualified under regulations prescribed by the 
Secretary, an aviation pilot may be appointed as an ensign in 
the Reserve.

Sec. [709a.]  3710. Reserve student pre-commissioning assistance 
                    program

  (a) The Secretary may provide financial assistance to an 
eligible enlisted member of the Coast Guard Reserve, not on 
active duty, for expenses of the member while the member is 
pursuing on a full-time basis at an institution of higher 
education a program of education approved by the Secretary that 
leads to--
          (1) a baccalaureate degree in not more than 5 
        academic years; or
          (2) a post-baccalaureate degree.
  (b)(1) To be eligible for financial assistance under this 
section, an enlisted member of the Coast Guard Reserve shall--
                  (A) be enrolled on a full-time basis in a 
                program of education referred to in subsection 
                (a) at any institution of higher education; and
                  (B) enter into a written agreement with the 
                Coast Guard described in paragraph (2).
          (2) A written agreement referred to in paragraph 
        (1)(B) is an agreement between the member and the 
        Secretary in which the member agrees--
                  (A) to accept an appointment as a 
                commissioned officer in the Coast Guard 
                Reserve, if tendered;
                  (B) to serve on active duty for up to five 
                years; and
                  (C) under such terms and conditions as shall 
                be prescribed by the Secretary, to serve in the 
                Coast Guard Reserve until the eighth 
                anniversary of the date of the appointment.
  (c) Expenses for which financial assistance may be provided 
under this section are the following:
          (1) Tuition and fees charged by the institution of 
        higher education involved.
          (2) The cost of books.
          (3) In the case of a program of education leading to 
        a baccalaureate degree, laboratory expenses.
          (4) Such other expenses as are deemed appropriate by 
        the Secretary.
  (d) The amount of financial assistance provided to a member 
under this section shall be prescribed by the Secretary, but 
may not exceed $25,000 for any academic year.
  (e) Financial assistance may be provided to a member under 
this section for up to 5 consecutive academic years.
  (f) A member who receives financial assistance under this 
section may be ordered to active duty in the Coast Guard 
Reserve by the Secretary to serve in a designated enlisted 
grade for such period as the Secretary prescribes, but not more 
than 4 years, if the member--
          (1) completes the academic requirements of the 
        program and refuses to accept an appointment as a 
        commissioned officer in the Coast Guard Reserve when 
        offered;
          (2) fails to complete the academic requirements of 
        the institution of higher education involved; or
          (3) fails to maintain eligibility for an original 
        appointment as a commissioned officer.
  (g)(1) If a member requests to be released from the program 
and the request is accepted by the Secretary, or if the member 
fails because of misconduct to complete the period of active 
duty specified, or if the member fails to fulfill any term or 
condition of the written agreement required to be eligible for 
financial assistance under this section, the financial 
assistance shall be terminated. The Secretary may request the 
member to reimburse the United States in an amount that bears 
the same ratio to the total costs of the education provided to 
that member as the unserved portion of active duty bears to the 
total period of active duty the member agreed to serve. The 
Secretary shall have the option to order such reimbursement 
without first ordering the member to active duty. An obligation 
to reimburse the United States imposed under this paragraph is 
a debt owed to the United States.
          (2) The Secretary may waive the service obligated 
        under subsection (f) of a member who becomes 
        unqualified to serve on active duty due to a 
        circumstance not within the control of that member or 
        who is not physically qualified for appointment and who 
        is determined to be unqualified for service as an 
        enlisted member of the Coast Guard Reserve due to a 
        physical or medical condition that was not the result 
        of the member's own misconduct or grossly negligent 
        conduct.
          (3) A discharge in bankruptcy under title 11 that is 
        entered less than 5 years after the termination of a 
        written agreement entered into under subsection (b) 
        does not discharge the individual signing the agreement 
        from a debt arising under such agreement or under 
        paragraph (1).
  (h) As used in this section, the term ``institution of higher 
education'' has the meaning given that term in section 101 of 
the Higher Education Act of 1965 (20 U.S.C. 1001).

Sec. [710.]  3711. Appointment or wartime promotion; retention of grade 
                    upon release from active duty

  (a) A member of the Reserve on active duty, who is appointed 
or promoted under section 214 or 275 of this title, is entitled 
upon release from that duty to the highest grade satisfactorily 
held by reason of that appointment or promotion. The Secretary 
shall determine the highest grade satisfactorily held.
  (b) Unless otherwise entitled to a higher grade, a member 
recalled to active duty shall be recalled in the grade in which 
released under subsection (a).

Sec. [711.]  3712. Exclusiveness of service

  No member of the Reserve, other than a temporary member, may 
be a member of another military organization. A temporary 
member of the Reserve who is a member of another military 
component shall, if ordered to active duty therein, be 
disenrolled as a temporary member of the Reserve.

Sec. [712.]  3713. Active duty for emergency augmentation of regular 
                    forces

  (a) Notwithstanding another law, and for the emergency 
augmentation of the Regular Coast Guard forces during a, or to 
aid in prevention of an imminent, serious natural or manmade 
disaster, accident, catastrophe, act of terrorism (as defined 
in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 
101)), or transportation security incident as defined in 
section 70101 of title 46, the Secretary may, without the 
consent of the member affected, order to active duty of not 
more than 120 days in any 2-year period an organized training 
unit of the Coast Guard Ready Reserve, a member thereof, or a 
member not assigned to a unit organized to serve as a unit.
  (b) Under the circumstances of the domestic emergency 
involved, a reasonable time shall be allowed between the date 
when a Reserve member ordered to active duty under this section 
is alerted for that duty and the date when the member is 
required to enter upon that duty. Unless the Secretary 
determines that the nature of the domestic emergency does not 
allow it, this period shall be at least two days.
  (c) Active duty served under this section--
          (1) satisfies on a day-for-day basis all or a part of 
        the annual active duty for training requirement of 
        section 10147 of title 10;
          (2) does not satisfy any part of the active duty 
        obligation of a member whose statutory Reserve 
        obligation is not already terminated; and
          (3) entitles a member while engaged therein, or while 
        engaged in authorized travel to or from that duty, to 
        all rights and benefits, including pay and allowances 
        and time creditable for pay and retirement purposes, to 
        which the member would be entitled while performing 
        other active duty.
  (d) Reserve members ordered to active duty under this section 
shall not be counted in computing authorized strength of 
members on active duty or members in grade under this title or 
under any other law.
  (e) For purposes of calculating the duration of active duty 
allowed pursuant to subsection (a), each period of active duty 
shall begin on the first day that a member reports to active 
duty, including for purposes of training.

Sec. [713.]  3714. Enlistment of members engaged in schooling

  The initial period of active duty for training required by 
section 12103(d) of title 10, may be divided into two 
successive annual periods of not less than six weeks each, to 
permit the enlistment of a Reserve member without interrupting 
any full-time schooling in which the member is engaged.

                        SUBCHAPTER II--PERSONNEL

Sec. [720.]  3731. Definitions

  As used in this subchapter--
          (1) ``Reserve officer'' means a commissioned officer 
        in the Reserve, except an officer excluded by section 
        721 of this title or a commissioned warrant officer; 
        and
          (2) ``discharged'' means released from an appointment 
        as a Reserve officer.

Sec. [721.]  3732. Applicability of this subchapter

  This subchapter applies only to the Reserve; except that it 
does not apply to a temporary member of the Reserve.

Sec. [722.]  3733. Suspension of this subchapter in time of war or 
                    national emergency

  In time of war or national emergency declared by Congress, 
the President may suspend the operation of this subchapter or 
any part hereof. If this subchapter or any part hereof is 
suspended by the President, prior to placing the suspended 
provision in operation, the President shall by regulation, in 
so far as practicable, adjust the grades of Reserve officers in 
the same manner as adjustments in grade are made for Regular 
officers.

Sec. [723.]  3734. Effect of this subchapter on retirement and retired 
                    pay

  Except as provided in subsection 746(b) of this title, 
nothing in this subchapter authorizes the retirement of a 
Reserve officer or the payment of retired, retainer, or 
severance pay to a Reserve officer; or affects in any manner 
the law relating to the retirement of, or the granting of 
retired or retainer pay or other benefits to a Reserve officer.

Sec. [724.]  3735. Authorized number of officers

  (a) The authorized number of officers in the Reserve in an 
active status is 5,000. Reserve officers on an active-duty list 
shall not be counted as part of the authorized number of 
officers in the Reserve. The actual number of Reserve officers 
in an active status at any time shall not exceed the authorized 
number unless the Secretary determines that a greater number is 
necessary for planned mobilization requirements, or unless the 
excess results directly from the operation of law.
  (b)(1) The Secretary shall make, at least once each year, a 
computation to determine the number of Reserve officers in an 
active status authorized to be serving in each grade. The 
number in each grade shall be computed by applying the 
applicable percentage to the total number of such officers 
serving in an active status on the date the computation is 
made. The number of Reserve officers in an active status below 
the grade of rear admiral (lower half) shall be distributed by 
pay grade so as not to exceed percentages of commissioned 
officers authorized by section 42(b) of this title. When the 
actual number of Reserve officers in an active status in a 
particular pay grade is less than the maximum percentage 
authorized, the difference may be applied to the number in the 
next lower grade. A Reserve officer may not be reduced in rank 
or grade solely because of a reduction in an authorized number 
as provided for in this subsection, or because an excess 
results directly from the operation of law.
          (2) The authorized number of Reserve Officers in an 
        active status not on active duty in the grades of rear 
        admiral (lower half) and rear admiral is a total of 
        two. However, the Secretary of the department in which 
        the Coast Guard is operating may authorize an 
        additional number of Reserve officers not on active 
        duty in the grades of rear admiral (lower half) and 
        rear admiral as necessary in order to meet planned 
        mobilization requirements.
  (c) Deferral of Limitation.--If at the end of any fiscal year 
there is in effect a declaration of war or national emergency, 
the President may defer the effectiveness of any end-strength 
limitation with respect to that fiscal year prescribed by law 
for any military or civilian component of the Coast Guard 
Reserve, for a period not to exceed 6 months after the end of 
the war or termination of the national emergency.

Sec. [725.]  3736. Precedence

  (a) Reserve officers rank and take precedence in their 
respective grades among themselves and with officers of the 
same grade on the active duty promotion list and the permanent 
commissioned teaching staff in accordance with their dates of 
rank. When Reserve officers and officers on the active duty 
promotion list or the permanent commissioned teaching staff 
have the same date of rank in a grade, they take precedence as 
determined by the Secretary.
  (b) Notwithstanding any other law, a Reserve officer shall 
not lose precedence when transferred to or from the active duty 
promotion list, nor shall that officer's date of rank be 
changed due to the transfer.
  (c) A Reserve officer shall, when on the active duty 
promotion list, be promoted in the same manner as any other 
officer on the active duty promotion list regardless of the 
length of active duty service of the Reserve officer.
  (d) Notwithstanding any other law, a Reserve officer shall 
not lose precedence by reason of promotion to the grade of rear 
admiral or rear admiral (lower half), if the promotion is 
determined in accordance with a running mate system.
  (e) The Secretary shall adjust the date of rank of a Reserve 
officer so that no changes of precedence occur.

Sec. [726.]  3737. Running mates

  (a) The Secretary shall assign a running mate to each Reserve 
officer in an active status not on the active duty promotion 
list. The officer initially assigned as a running mate under 
this section shall be that officer on the active duty promotion 
list of the same grade who is next senior in precedence to the 
Reserve officer concerned. An officer who has twice failed of 
selection or who has been considered but has not been 
recommended for continuation under section 289 of this title 
shall not be assigned as a running mate under this section.
  (b) A Reserve officer in an active status not on the active 
duty promotion list shall be assigned a new running mate as 
follows:
          (1) If a previously assigned running mate is promoted 
        from below the promotion zone, is removed from the 
        active duty promotion list, suffers a loss of numbers, 
        fails of selection, fails to qualify for promotion, or 
        declines an appointment after being selected for 
        promotion, the new running mate shall be that officer 
        on the active duty promotion list, of the same grade, 
        who is next senior to the previous running mate and who 
        is, or may become, eligible for consideration for 
        promotion. If the previous running mate was on a list 
        of selectees for promotion, the new running mate shall 
        be that officer on the active duty promotion list, of 
        the same grade, who is on a list of selectees for 
        promotion and who is next senior to the previous 
        running mate.
          (2) If a Reserve officer suffers a loss of numbers, 
        the new running mate shall be that officer on the 
        active duty promotion list who, after the loss of 
        numbers has been effected, is the running mate of the 
        Reserve officer next senior to the Reserve officer 
        concerned.
          (3) If a Reserve officer is considered for promotion 
        and fails of selection, fails to qualify for promotion, 
        declines an appointment after being selected for 
        promotion, or has his or her name removed from a list 
        of selectees for promotion, and that officer's running 
        mate is promoted, the new running mate shall be that 
        officer on the active duty promotion list, of the same 
        grade, who, at the time the previous running mate was 
        considered for promotion, was next senior to the 
        previous running mate, was eligible for consideration 
        for promotion, and whose name was not included on a 
        list of selectees for promotion.
          (4) In a situation not expressly covered by this 
        subsection, the Secretary may assign a new running mate 
        as necessary to effect the intent of this section that 
        inequitable changes of precedence do not occur.
  (c) A Reserve officer on the active duty promotion list 
shall, to the extent practicable and consistent with the 
limitations imposed by this section, be assigned as the running 
mate of all Reserve officers junior to the officer, who are in 
an active status not on the active duty promotion list, and who 
had a running mate in common with the officer just prior to the 
time the officer was placed on the active duty promotion list.
  (d) The Secretary may adjust, as necessary, the date of rank 
of a Reserve officer not on active duty so that the date will 
correspond with that of the running mate assigned to the 
officer in accordance with this section. If an overpayment of 
pay or allowances results from adjusting the date of rank, the 
overpayment is not subject to recoupment.

Sec. [727.]  3738. Constructive credit upon initial appointment

  Under regulations prescribed by the Secretary, a person, 
appointed as a Reserve officer, may be assigned a date of rank 
and precedence which reflects that person's experience, 
education, or other qualifications. For the purpose of this 
subchapter only, a person appointed for the purpose of 
assignment or designation as a judge advocate in the Reserve 
shall be credited with a minimum of one year service in an 
active status. A person holding a doctor of philosophy, or a 
comparable degree, in medicine or in a science allied to 
medicine as determined by the Secretary, may be credited with a 
minimum of three years service in an active status if appointed 
for an assignment comparable to that of an officer in the Navy 
Medical Department.

Sec. [728.]  3739. Promotion of Reserve officers on active duty

  (a) A Reserve officer on active duty, other than for 
training, duty on a board, or duty of a limited or temporary 
nature if assigned to active duty from an inactive duty status, 
shall not be eligible for consideration for promotion under 
this subchapter; but shall be considered for promotion under 
chapter [11] 21 of this title. If promoted while serving on 
active duty the officer shall be considered as having been 
promoted under this subchapter and shall be an extra number in 
the grade to which promoted for the purpose of grade 
distribution as prescribed in this subchapter. Upon release 
from active duty the officer shall be included in the grade 
distribution authorized by this subchapter.
  (b) Notwithstanding subsection (a) of this section, a Reserve 
officer who has been selected for promotion to the next higher 
grade under this subchapter at the time the officer reports for 
active duty, shall be promoted to that grade under chapter [11] 
21 of this title.
  (c) A Reserve officer who, at the time the officer is 
released from active duty, has been selected for promotion to 
the next higher grade under chapter [11] 21 of this title, 
shall be promoted to that grade as though selected under this 
subchapter.
  (d) A failure of selection for promotion to the next higher 
grade occurring under this subchapter or under chapter [11] 21 
of this title shall count for all purposes.

Sec. [729.]  3740. Promotion; recommendations of selection boards

  (a) Except as otherwise provided by law, a Reserve officer 
shall only be promoted pursuant to the recommendation of a 
selection board.
  (b) The Secretary shall convene selection boards from time to 
time to recommend Reserve officers for promotion to the next 
higher grade. A board may be convened to consider officers in 
one or more grades.
  (c) A selection board shall, from among the names of those 
eligible Reserve officers submitted to it, recommend for 
promotion to the next higher grade:
          (1) those officers serving in the grade of lieutenant 
        (junior grade) or above whom it considers to be best 
        qualified; and
          (2) those officers serving in the grade of ensign 
        whom it considers to be fully qualified.
  (d)(1) Before convening a selection board to recommend 
Reserve officers for promotion, the Secretary shall establish a 
promotion zone for officers serving in each grade to be 
considered by the board. The Secretary shall determine the 
number of officers in the promotion zone for officers serving 
in any grade from among officers who are eligible for promotion 
in that grade.
          (2)(A) Before convening a selection board to 
        recommend Reserve officers for promotion to a grade 
        (other than the grade of lieutenant (junior grade)), 
        the Secretary shall determine the maximum number of 
        officers in that grade that the board may recommend for 
        promotion.
                  (B) The Secretary shall make the 
                determination under subparagraph (A) of the 
                maximum number that may be recommended with a 
                view to having in an active status a sufficient 
                number of Reserve officers in each grade to 
                meet the needs of the Coast Guard for Reserve 
                officers in an active status.
                  (C) In order to make the determination under 
                subparagraph (B), the Secretary shall determine 
                the following:
                          (i) The number of positions needed to 
                        accomplish mission objectives that 
                        require officers in the grade to which 
                        the board will recommend officers for 
                        promotion.
                          (ii) The estimated number of officers 
                        needed to fill vacancies in such 
                        positions during the period in which it 
                        is anticipated that officers selected 
                        for promotion will be promoted.
                          (iii) The number of officers 
                        authorized by the Secretary to serve in 
                        an active status in the grade under 
                        consideration.
                          (iv) Any statutory limitation on the 
                        number of officers in any grade 
                        authorized to be in an active status.
          (3)(A) The Secretary may, when the needs of the Coast 
        Guard require, authorize the consideration of officers 
        in a grade above lieutenant (junior grade) for 
        promotion to the next higher grade from below the 
        promotion zone.
                  (B) When selection from below the promotion 
                zone is authorized, the Secretary shall 
                establish the number of officers that may be 
                recommended for promotion from below the 
                promotion zone. That number may not exceed the 
                number equal to 10 percent of the maximum 
                number of officers that the board is authorized 
                to recommend for promotion, except that the 
                Secretary may authorize a greater number, not 
                to exceed 15 percent of the total number of 
                officers that the board is authorized to 
                recommend for promotion, if the Secretary 
                determines that the needs of the Coast Guard so 
                require. If the maximum number determined under 
                this subparagraph is less than one, the board 
                may recommend one officer for promotion from 
                below the promotion zone.
                  (C) The number of officers recommended for 
                promotion from below the promotion zone does 
                not increase the maximum number of officers 
                that the board is authorized to recommend for 
                promotion under paragraph (2).
  (e) The law and regulations relating to the selection for 
promotion of a commissioned officer of the Regular Coast Guard 
to the grades of rear admiral (lower half) and rear admiral 
apply to a Reserve officer, except that to be eligible for 
consideration for promotion to the grade of rear admiral (lower 
half) an officer shall have completed at least ten years 
commissioned service, of which the last five years shall have 
been served in the Coast Guard Reserve.
  (f) The provisions of section 260 of this title apply to 
boards convened under this section. The Secretary shall 
determine the procedure to be used by a selection board.
  (g) The report of a selection board shall be submitted to the 
Secretary for review and transmission to the President for 
approval. When an officer recommended by a board for promotion 
is not acceptable to the President, the President may remove 
the name of that officer from the report of the board.
  (h) The recommendations of a selection board, as approved by 
the President, constitute a list of selectees from which the 
promotions of Reserve officers shall be made. An officer on a 
list of selectees remains thereon until promoted unless removed 
by the President under section 738 of this title. If an 
existing list of selectees has not been exhausted by the time a 
later list has been approved, all officers remaining on the 
older list shall be tendered appointments prior to those on the 
later list.
  (i) A Reserve officer whose name is on a list of selectees 
for promotion shall, unless that officer's promotion is 
lawfully withheld, be tendered an appointment in the next 
higher grade on the date a vacancy occurs, or as soon 
thereafter as practicable in the grade to which the officer was 
selected for promotion or, if promotion was determined in 
accordance with a running mate system, at the same time, or as 
soon thereafter as practicable, as that officer's running mate 
is tendered a similar appointment.

Sec. [730.]  3741. Selection boards; appointment

  (a) A selection board shall (1) be appointed and convened by 
the Secretary; (2) consist of at least 50 per centum Reserve 
officer membership, except in the case of a flag officer 
selection board where, to the extent practicable, it shall 
consist of at least 50 per centum Reserve officer membership; 
(3) consist only of members, Reserve or Regular, senior in 
grade to any officer being considered by that board; and (4) be 
composed of not less than five members, which number 
constitutes a quorum.
  (b) A selection board serves for the length of time 
prescribed by the Secretary, but no board may serve longer than 
one year. No officer may serve on two consecutive selection 
boards for the same grade when the second of those boards 
considers an officer who was considered, but not recommended 
for promotion, by the first selection board.
  (c) Each member of a selection board shall swear that he 
will, without prejudice or partiality, and having in view both 
the special fitness required of officers and the efficiency of 
the Coast Guard, perform the duties imposed upon him. Not less 
than a majority of the total membership of a selection board 
shall concur in each recommendation made by the board.
  (d) An officer eligible for consideration for promotion by a 
selection board may forward, through official channels, a 
written communication inviting the attention of the board to 
any matter in the officer's record in the armed forces that, in 
the opinion of the officer concerned, is important to the 
board's consideration. A communication forwarded under this 
subsection shall arrive in time to allow delivery to the board 
prior to its convening, and may not criticize or reflect upon 
the character, conduct, or motive of any officer.

Sec. [731.]  3742. Establishment of promotion zones under running mate 
                    system

  (a) Authority To Use Running Mate System.--The Secretary may 
by regulation implement section 729(d)(1) of this title by 
requiring that the promotion zone for consideration of Reserve 
officers in an active status for promotion to the next higher 
grade be determined in accordance with a running mate system as 
provided in subsection (b).
  (b) Consideration for Promotion.--If promotion zones are 
determined as authorized under subsection (a), a Reserve 
officer shall, subject to the eligibility requirements of this 
subchapter, be placed in a promotion zone when that officer's 
running mate is placed in a promotion zone and shall, in 
accordance with the provisions of this subchapter, be 
considered for promotion at approximately the same time as that 
officer's running mate or as soon thereafter as practicable, or 
in the event that promotion is not determined in accordance 
with a running mate system, then a Reserve officer becomes 
eligible for consideration for promotion to the next higher 
grade at the beginning of the promotion year in which he or she 
completes the following amount of service computed from the 
date of rank in the grade in which he or she is serving:
          (1) two years in the grade of lieutenant (junior 
        grade);
          (2) three years in the grade of lieutenant;
          (3) four years in the grade of lieutenant commander;
          (4) four years in the grade of commander; and
          (5) three years in the grade of captain.
  (c) Consideration of Officers Below the Zone.--If the 
Secretary authorizes the selection of officers for promotion 
from below the promotion zone in accordance with section 
729(d)(3) of this title, the number of officers to be 
considered from below the zone may be established through the 
application of the running mate system under this subchapter or 
otherwise as the Secretary determines to be appropriate to meet 
the needs of the Coast Guard.

Sec. [732.]  3743. Eligibility for promotion

  A Reserve officer is eligible for consideration for promotion 
and for promotion under this subchapter, if that officer is in 
an active status. A Reserve officer who has been considered but 
not recommended for retention in an active status by a board 
convened under subsection 741(a) of this title, is not eligible 
for consideration for promotion.

Sec. [733.]  3744. Recommendation for promotion of an officer 
                    previously removed from an active status

  A Reserve officer recommended for promotion by a selection 
board but not promoted because of removal from an active status 
shall be reconsidered by a selection board after returning to 
an active status and if selected shall be placed on a 
recommended list of selectees for promotion. A Reserve officer 
to whom this section applies is not considered to have failed 
of selection when eliminated from a list of selectees for 
promotion solely as a result of being removed from an active 
status.

Sec. [734.]  3745. Qualifications for promotion

  (a) A Reserve officer shall not be promoted to a higher grade 
unless the officer has been found to be physically qualified 
and the character of the officer's service subsequent to the 
convening of the selection board which recommended the officer 
for promotion has been verified as satisfactory.
  (b) Subsection (a) of this section does not exclude from 
promotion a Reserve officer physically disqualified by a 
medical board for duty at sea or in the field, if the 
disqualification results from wounds received in the line of 
duty, and those wounds do not incapacitate the officer for 
other duties in the grade to which the officer is to be 
promoted.

Sec. [735.]  3746. Promotion; acceptance; oath of office

  (a) A Reserve officer who has been appointed under this 
subchapter is considered to have accepted the appointment 
unless delivery thereof cannot be effected.
  (b) A Reserve officer who has served continuously since 
taking the oath of office prescribed in section 3331 of title 
5, is not required to take a new oath of office upon 
appointment in a higher grade.

Sec. [736.]  3747. Date of rank upon promotion; entitlement to pay

  (a) When a Reserve officer is promoted to the next higher 
grade under this subchapter, the date of rank shall be the date 
of appointment in that grade, unless the promotion was 
determined in accordance with a running mate system, in which 
event the same date of rank shall be assigned as that assigned 
to the officer's running mate. A Reserve officer so promoted 
shall be allowed the pay and allowances of the higher grade for 
duty performed from the date of the officer's appointment 
thereto.
  (b) Notwithstanding any other provision of law and subject to 
subsection (c), if promotion of an inactive duty promotion list 
officer to the grade of rear admiral or rear admiral (lower 
half) is determined in accordance with a running mate system, a 
reserve officer, if acceptable to the President and the Senate, 
shall be promoted to the next higher grade no later than the 
date the officer's running mate is promoted.
  (c) For the purposes of this section, the date of appointment 
shall be that date when promotion authority is exercised by the 
Secretary. However, the Secretary may adjust the date of 
appointment--
          (1) if a delay in the finding required under section 
        734(a) of this title is beyond the control of the 
        officer and the officer is otherwise qualified for 
        promotion; or
          (2) for any other reason that equity requires.

Sec. [737.]  3748. Type of promotion; temporary

  Notwithstanding any other law, if a Reserve officer is 
promoted when the officer's running mate is promoted and the 
promotion of the running mate is on a temporary basis, the 
promotion of the Reserve officer is also on a temporary basis. 
If subsequently the running mate is reverted to a lower grade, 
other than for reasons of discipline, incompetence, or at the 
running mate's request, the Reserve officer shall likewise 
revert to the same lower grade with corresponding precedence.

Sec. [738.]  3749. Effect of removal by the President or failure of 
                    consent of the Senate

  (a) The President may, for cause, remove the name of any 
officer from a list of selectees established under section 729 
of this title.
  (b) If the Senate, where required, does not consent to the 
appointment of an officer whose name is on a list of selectees 
established under section 729 of this title, that officer's 
name shall be removed from the list.
  (c) An officer whose name is removed from a list of selectees 
under subsection (a) or (b) continues to be eligible for 
consideration for promotion. If selected for promotion by the 
next selection board and promoted, that officer shall be 
assigned the date of rank and precedence that would have been 
assigned if the officer's name had not been previously removed. 
However, if the officer is not selected by the next selection 
board, or if the officer's name is again removed from the list 
of selectees, the officer shall be considered for all purposes 
as having twice failed of selection for promotion.

Sec. [739.]  3750. Failure of selection for promotion

  (a) A Reserve officer, other than one serving in the grade of 
captain, who is, or is senior to, the junior officer in the 
promotion zone established for the officer's grade, fails of 
selection if not selected for promotion by the selection board 
that considered the officer, or if having been selected for 
promotion by the board, the officer's name is thereafter 
removed from the report of the board by the President.
  (b) A Reserve officer is not considered to have failed of 
selection if the officer was not considered by a selection 
board because of administrative error. If that officer is 
selected by the next appropriate selection board after the 
error is discovered, and is promoted, the same date of rank and 
precedence shall be assigned that would have been assigned if 
the officer had been recommended for promotion by the selection 
board that originally would have considered the officer but for 
the error.

Sec. [740.]  3751. Failure of selection and removal from an active 
                    status

  (a) The Secretary--
          (1) may remove from an active status a Reserve 
        officer who has twice failed of selection to the next 
        higher grade; and
          (2) shall remove from an active status a Reserve 
        officer serving in the grade of captain who has 
        completed thirty years of total commissioned service 
        and whose name is not carried on an approved list of 
        selectees for promotion to the grade of rear admiral 
        (lower half).
  (b) A Reserve officer who has twice failed of selection to 
the next higher grade and who is not removed from an active 
status under subsection (a)(1) of this section shall be 
retained for the period prescribed by the Secretary.
  (c) Subject to section 12646 of title 10, a Reserve officer 
who is removed from an active status under subsection (a) of 
this section shall be given an opportunity to transfer to the 
Retired Reserve, if qualified, but unless so transferred shall, 
in the discretion of the Secretary, be transferred to the 
inactive status list or discharged as follows:
          (1) if removed from an active status under subsection 
        (a)(1) of this section, on June 30 next following the 
        approval date of the board report by virtue of which 
        the officer's second failure of selection occurs; or
          (2) if removed from an active status under subsection 
        (a)(2) of this section, on June 30 next following the 
        date on which the officer completes thirty years of 
        total commissioned service as computed under this 
        section.
  (d) For the purpose of this section, the total commissioned 
service of an officer who has served continuously in the 
Reserve following appointment in the grade of ensign shall be 
computed from the date on which that appointment to the Reserve 
was accepted. A Reserve officer initially appointed in a grade 
above ensign is considered to have the actual total 
commissioned service performed in a grade above commissioned 
warrant officer or the same total commissioned service as an 
officer of the Regular Coast Guard who has served continuously 
from an original appointment as ensign, who has not lost 
numbers or precedence, and who is, or was, junior to the 
Reserve officer, whichever is greater.

Sec. [741.]  3752. Retention boards; removal from an active status to 
                    provide a flow of promotion

  (a) Notwithstanding any other provision of this title, 
whenever the Secretary determines that it is necessary to 
reduce the number of Reserve officers in an active status in 
any grade to provide a steady flow of promotion, or that there 
is an excessive number of Reserve officers in an active status 
in any grade, the Secretary may appoint and convene a retention 
board to consider all of the Reserve officers in that grade in 
an active status who have 18 years or more of service for 
retirement, except those officers who--
          (1) are on extended active duty;
          (2) are on a list of selectees for promotion;
          (3) will complete 30 years total commissioned service 
        by June 30th following the date that the retention 
        board is convened; or
          (4) have reached age 59 by the date on which the 
        retention board is convened.
The retention board shall select and recommend a specified 
number of the officers under consideration for retention in an 
active status.
  (b) This board shall--
          (1) to the extent practicable, consist of at least 50 
        per centum Reserve officers;
          (2) consist only of officers who are senior in rank 
        to any officers being considered by that board; and
          (3) to the extent practicable, consist of officers 
        who have not served on the last previous retention 
        board which considered officers of the same grade.
  (c) Subject to section 12646 of title 10, a Reserve officer 
who is not recommended for retention in an active status under 
this section shall be given an opportunity to transfer to the 
Retired Reserve, if qualified, but unless so transferred shall, 
in the discretion of the Secretary, be transferred to the 
inactive status list or discharged on June 30 next following 
the date on which the report of the retention board is 
approved.
  (d) The provisions of section 260 of this title shall, to the 
extent that they are not inconsistent with this subchapter, 
apply to boards convened under this section.

Sec. [742.]  3753. Maximum ages for retention in an active status

  (a) A Reserve officer, if qualified, shall be transferred to 
the Retired Reserve on the day the officer becomes 60 years of 
age unless on active duty. If not qualified for retirement, a 
Reserve officer shall be discharged effective upon the day the 
officer becomes 60 years of age unless on active duty.
  (b) A Reserve officer on active duty shall, if qualified, be 
retired effective upon the day the officer become 62 years of 
age. If not qualified for retirement, a Reserve officer on 
active duty shall be discharged effective upon the day the 
officer becomes 62 years of age.
  (c) Notwithstanding subsections (a) and (b), the Secretary 
may authorize the retention of a Reserve rear admiral or rear 
admiral (lower half) in an active status not longer than the 
day on which the officer concerned becomes 64 years of age.
  (d) For purposes of this section, ``active duty'' does not 
include active duty for training, duty on a board, or duty of a 
limited or temporary nature if assigned to active duty from an 
inactive duty status.

Sec. [743.]  3754. Rear admiral and rear admiral (lower half); maximum 
                    service in grade

  (a) Unless retained in or removed from an active status under 
any other law, a reserve rear admiral or rear admiral (lower 
half) shall be retired on July 1 of the promotion year 
immediately following the promotion year in which that officer 
completes 4 years of service after the appointment of the 
officer to rear admiral (lower half).
  (b) Notwithstanding any other provision of law, if promotion 
of inactive duty promotion list officers to the grade of rear 
admiral is not determined in accordance with a running mate 
system, a Reserve officer serving in an active status in the 
grade of rear admiral (lower half) shall be promoted to the 
grade of rear admiral, if acceptable to the President and the 
Senate, on the date the officer has served 2 years in an active 
status in grade of rear admiral (lower half), or in the case of 
a vacancy occurring prior to having served 2 years in an active 
status, on the date the vacancy occurs, if the officer served 
at least 1 year in an active status in the grade of rear 
admiral (lower half).

Sec. [744.]  3755. Appointment of a former Navy or Coast Guard officer

  A former officer of the Regular Navy or Coast Guard who 
applies for a Reserve commission within one year of resigning 
the officer's Regular commission, and who is appointed in the 
same grade previously held in the Regular Navy or Coast Guard, 
shall be given the same date of rank in that grade as that 
previously assigned to the officer while a member of the 
Regular Navy or Coast Guard.

Sec. [745.]  3756. Grade on entry upon active duty

  A Reserve officer ordered to active duty or active duty for 
training shall be ordered in the grade held; except that the 
Secretary may authorize a higher grade.

Sec. [746.]  3757. Recall of a retired officer; grade upon release

  (a) When an officer in the Retired Reserve or an officer on a 
Reserve retired list is recalled to active duty, that officer 
shall be recalled in a manner similar to the recall of a 
Regular retired officer.
  (b) An officer in the Retired Reserve or an officer on a 
Reserve retired list recalled to active duty shall upon release 
therefrom be advanced in the Retired Reserve or on the Reserve 
retired list to the highest grade held on active duty, if: (1) 
appointed to a higher grade while on that duty, and (2) the 
officer's performance has been satisfactory in the higher 
grade.

                   CHAPTER 39--COAST GUARD AUXILIARY

Sec.
3901. Administration of the Coast Guard Auxiliary.
3902. Purpose of the Coast Guard Auxiliary.
3903. Eligibility; enrollments.
3904. Members of the Auxiliary; status.
3905. Disenrollment.
3906. Membership in other organizations.
3907. Use of member's facilities.
3908. Vessel deemed public vessel.
3909. Aircraft deemed public aircraft.
3910. Radio station deemed government station.
3911. Availability of appropriations.
3912. Assignment and performance of duties.
3913. Injury or death in line of duty.

Sec. [821.]  3901. Administration of the Coast Guard Auxiliary

  (a) The Coast Guard Auxiliary is a nonmilitary organization 
administered by the Commandant under the direction of the 
Secretary. For command, control, and administrative purposes, 
the Auxiliary shall include such organizational elements and 
units as are approved by the Commandant, including but not 
limited to, a national board and staff (to be known as the 
``Auxiliary headquarters unit''), districts, regions, 
divisions, flotillas, and other organizational elements and 
units. The Auxiliary organization and its officers shall have 
such rights, privileges, powers, and duties as may be granted 
to them by the Commandant, consistent with this title and other 
applicable provisions of law. The Commandant may delegate to 
officers of the Auxiliary the authority vested in the 
Commandant by this section, in the manner and to the extent the 
Commandant considers necessary or appropriate for the 
functioning, organization, and internal administration of the 
Auxiliary.
  (b) Each organizational element or unit of the Coast Guard 
Auxiliary organization (but excluding any corporation formed by 
an organizational element or unit of the Auxiliary under 
subsection (c) of this section), shall, except when acting 
outside the scope of section 822, at all times be deemed to be 
an instrumentality of the United States, for purposes of the 
following:
          (1) Chapter 171 of title 28 (popularly known as the 
        Federal Tort Claims Act).
          (2) Section 2733 of title 10 (popularly known as the 
        Military Claims Act).
          (3) Section 30101 of title 46 (popularly known as the 
        Admiralty Extension Act).
          (4) Chapter 309 of title 46 (known as the Suits in 
        Admiralty Act).
          (5) Chapter 311 of title 46 (known as the Public 
        Vessels Act).
          (6) Other matters related to noncontractual civil 
        liability.
  (c) The national board of the Auxiliary, and any Auxiliary 
district or region, may form a corporation under State law in 
accordance with policies established by the Commandant.
  (d)(1) Except as provided in paragraph (2), personal property 
of the auxiliary shall not be considered property of the United 
States.
          (2) The Secretary may treat personal property of the 
        auxiliary as property of the United States--
                  (A) for the purposes of--
                          (i) the statutes and matters referred 
                        to in paragraphs (1) through (6) of 
                        subsection (b); and
                          (ii) section 641 of this title; and
                  (B) as otherwise provided in this chapter.
          (3) The Secretary may reimburse the Auxiliary, and 
        each organizational element and unit of the Auxiliary, 
        for necessary expenses of operation, maintenance, and 
        repair or replacement of personal property of the 
        Auxiliary.
          (4) In this subsection, the term ``personal property 
        of the Auxiliary'' means motor boats, yachts, aircraft, 
        radio stations, motorized vehicles, trailers, or other 
        equipment that is under the administrative jurisdiction 
        of the Coast Guard Auxiliary or an organizational 
        element or unit of the Auxiliary and that is used 
        solely for the purposes described in this subsection.

Sec. [822.]  3902. Purpose of the Coast Guard Auxiliary

  (a) In General.--The purpose of the Auxiliary is to assist 
the Coast Guard as authorized by the Commandant, in performing 
any Coast Guard function, power, duty, role, mission, or 
operation authorized by law.
  (b) Limitation.--The Auxiliary may conduct a patrol of a 
waterway, or a portion thereof, only if--
          (1) the Commandant has determined such waterway, or 
        portion thereof, is navigable for purposes of the 
        jurisdiction of the Coast Guard; or
          (2) a State or other proper authority has requested 
        such patrol pursuant to section 141 of this title or 
        section 13109 of title 46.

Sec. [823.]  3903. Eligibility; enrollments

  The Auxiliary shall be composed of nationals of the United 
States, as defined in section 101(a)(22) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(22)), and aliens lawfully 
admitted for permanent residence, as defined in section 
101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(20))--
          (1) who--
                  (A) are owners, sole or part, of motorboats, 
                yachts, aircraft, or radio stations; or
                  (B) by reason of their special training or 
                experience are deemed by the Commandant to be 
                qualified for duty in the Auxiliary; and
          (2) who may be enrolled therein pursuant to 
        applicable regulations.

Sec. [823a.]  3904. Members of the Auxiliary; status

  (a) Except as otherwise provided in this chapter, a member of 
the Coast Guard Auxiliary shall not be considered to be a 
Federal employee and shall not be subject to the provisions of 
law relating to Federal employment, including those relating to 
hours of work, rates of compensation, leave, unemployment 
compensation, Federal employee benefits, ethics, conflicts of 
interest, and other similar criminal or civil statutes and 
regulations governing the conduct of Federal employees. 
However, nothing in this subsection shall constrain the 
Commandant from prescribing standards for the conduct and 
behavior of members of the Auxiliary.
  (b) A member of the Auxiliary while assigned to duty shall be 
deemed to be a Federal employee only for the purposes of the 
following:
          (1) Chapter 171 of title 28 (popularly known as the 
        Federal Tort Claims Act).
          (2) Section 2733 of title 10 (popularly known as the 
        Military Claims Act).
          (3) Section 30101 of title 46 (popularly known as the 
        Admiralty Extension Act).
          (4) Chapter 309 of title 46 (known as the Suits in 
        Admiralty Act).
          (5) Chapter 311 of title 46 (known as the Public 
        Vessels Act).
          (6) Other matters related to noncontractual civil 
        liability.
          (7) Compensation for work injuries under chapter 81 
        of title 5.
          (8) The resolution of claims relating to damage to or 
        loss of personal property of the member incident to 
        service under the Military Personnel and Civilian 
        Employees' Claims Act of 1964 (31 U.S.C. 3721).1
          (9) On or after January 1, 2001, section 651 of 
        Public Law 104-208.
  (c) A member of the Auxiliary, while assigned to duty, shall 
be deemed to be a person acting under an officer of the United 
States or an agency thereof for purposes of section 1442(a)(1) 
of title 28.

Sec. [824.]  3905. Disenrollment

  Members of the Auxiliary may be disenrolled pursuant to 
applicable regulations.

Sec. [825.]  3906. Membership in other organizations

  Members of the Auxiliary may be appointed or enlisted in the 
Reserve, pursuant to applicable regulations, and membership in 
the Auxiliary shall not be a bar to membership in any other 
naval or military organization.

Sec. [826.]  3907. Use of member's facilities

  (a) Motor Boats, Yachts, Aircraft, and Radio Stations.--The 
Coast Guard may utilize for any purpose incident to carrying 
out its functions and duties as authorized by the Secretary any 
motorboat, yacht, aircraft, or radio station placed at its 
disposition for any of such purposes by any member of the 
Auxiliary, by any corporation, partnership, or association, or 
by any State or political subdivision thereof.
  (b) Motor Vehicles.--The Coast Guard may utilize to carry out 
its functions and duties as authorized by the Secretary any 
motor vehicle (as defined in section 154 of title 23, United 
States Code) placed at its disposition by any member of the 
Auxiliary, by any corporation, partnership, or association, or 
by any State or political subdivision thereof, to tow Federal 
Government property.

Sec. [827.]  3908. Vessel deemed public vessel

  While assigned to authorized Coast Guard duty, any motorboat 
or yacht shall be deemed to be a public vessel of the United 
States and a vessel of the Coast Guard within the meaning of 
sections 646 and 647 of this title and other applicable 
provisions of law.

Sec. [828.]  3909. Aircraft deemed public aircraft

  While assigned to authorized Coast Guard duty, any aircraft 
shall be deemed to be a Coast Guard aircraft, a public vessel 
of the United States, and a vessel of the Coast Guard within 
the meaning of sections 646 and 647 of this title and other 
applicable provisions of law. Subject to the provisions of 
sections 823a and 831 of this title, while assigned to duty, 
qualified Auxiliary pilots shall be deemed to be Coast Guard 
pilots.

Sec. [829.]  3910. Radio station deemed government station

  Any radio station, while assigned to authorized Coast Guard 
duty shall be deemed to be a radio station of the Coast Guard 
and a ``government station'' within the meaning of section 305 
of the Communications Act of 1934 (47 U.S.C. 305).

Sec. [830.]  3911. Availability of appropriations

  (a) Appropriations of the Coast Guard shall be available for 
the payment of actual necessary traveling expense and 
subsistence, or commutation of ration allowance in lieu of 
subsistence, of members of the Auxiliary assigned to authorized 
duties and for actual necessary expenses of operation of any 
motorboat, yacht, aircraft, radio station, or motorized vehicle 
utilized under section 826(b) when assigned to Coast Guard 
duty, but shall not be available for the payment of 
compensation for personal services, incident to such operation, 
other than to personnel of the Coast Guard or the Reserve. The 
term ``actual necessary expenses of operation,'' as used in 
this section, shall include payment for fuel, oil, power, 
water, supplies, provisions, replacement or repair of 
equipment, repair of any damaged motorboat, yacht, aircraft, 
radio station, or motorized vehicle utilized under section 
826(b) and for the constructive or actual loss of any 
motorboat, yacht, aircraft, radio station, or motorized vehicle 
utilized under section 826(b) where it is determined, under 
applicable regulations, that responsibility for the loss or 
damage necessitating such replacement or repair of equipment, 
or for the damage or loss, constructive or actual, of such 
motorboat, yacht, aircraft, radio station, or motorized vehicle 
utilized under section 826(b) rests with the Coast Guard.
  (b) The Secretary may pay interest on a claim under this 
section in any case in which a payment authorized under this 
section is not made within 60 days after the submission of the 
claim in a manner prescribed by the Secretary. The rate of 
interest for purposes of this section shall be the annual rate 
established under section 6621 of the Internal Revenue Code of 
1954.

Sec. [831.]  3912. Assignment and performance of duties

  No member of the Auxiliary, solely by reason of such 
membership, shall be vested with, or exercise, any right, 
privilege, power, or duty vested in or imposed upon the 
personnel of the Coast Guard or the Reserve, except that any 
such member may, under applicable regulations, be assigned 
duties, which, after appropriate training and examination, he 
has been found competent to perform, to effectuate the purposes 
of the Auxiliary. No member of the Auxiliary shall be placed in 
charge of a motorboat, yacht, aircraft, or radio station 
assigned to Coast Guard duty unless he has been specifically 
designated by authority of the Commandant to perform such duty. 
Members of the Auxiliary, when assigned to duties as herein 
authorized shall, unless otherwise limited by the Commandant, 
be vested with the same power and authority, in the execution 
of such duties, as members of the regular Coast Guard assigned 
to similar duty. When any member of the Auxiliary is assigned 
to such duty he may, pursuant to regulations issued by the 
Secretary, be paid actual necessary traveling expenses, 
including a per diem allowance in conformity with standardized 
Government travel regulations in lieu of subsistence, while 
traveling and while on duty away from his home. No per diem 
shall be paid for any period during which quarters and 
subsistence in kind are furnished by the Government, and no per 
diem shall be paid for any period while such member is 
performing duty on a vessel.

Sec. [832.]  3913. Injury or death in line of duty

  When any member of the Auxiliary is physically injured or 
dies as a result of physical injury incurred while performing 
any duty to which he has been assigned by competent Coast Guard 
authority, such member or his beneficiary shall be entitled to 
the same benefits provided for temporary members of the Reserve 
who suffer physical injury or death resulting from physical 
injury incurred incident to service. Members of the Auxiliary 
who incur physical injury or contract sickness or disease while 
performing any duty to which they have been assigned by 
competent Coast Guard authority shall be entitled to the same 
hospital treatment afforded members of the Coast Guard. The 
performance of a duty as the term is used in this section 
includes time engaged in traveling back and forth between the 
place of assigned duty and the permanent residence of a member 
of the Auxiliary.

  CHAPTER 41--GENERAL PROVISIONS FOR COAST GUARD RESERVE AND AUXILIARY

Sec.
4101. Flags; pennants; uniforms and insignia.
4102. Penalty.
4103. Limitation on rights of members of the Auxiliary and temporary 
          members of the Reserve.
4104. Availability of facilities and appropriations.

Sec. [891.]  4101. Flags; pennants; uniforms and insignia

  The Secretary may prescribe one or more suitable 
distinguishing flags, pennants, or other identifying insignia 
to be displayed by the motorboats, yachts, aircraft, and radio 
stations owned by members of the Auxiliary and one or more 
suitable insignia which may be worn by members of the Reserve 
or the Auxiliary, and may prescribe one or more suitable 
uniforms which may be worn by members of the Auxiliary. Such 
flags, pennants, uniforms, and insignia may be furnished by the 
Coast Guard at actual cost, and the proceeds received therefor 
shall be credited to current appropriations from which purchase 
of these articles is authorized.

Sec. [892.]  4102. Penalty

  Whoever, without proper authority, flies from any building, 
aircraft, motorboat, yacht, or other vessel, any flag or 
pennant or displays any identifying insignia or wears any 
uniform or insignia of the Reserve or the Auxiliary shall be 
fined not more than $500.

Sec. [893.]  4103. Limitation on rights of members of the Auxiliary and 
                    temporary members of the Reserve

  Members of the Auxiliary and temporary members of the Reserve 
shall be entitled only to such rights, privileges, and benefits 
as are specifically set forth for them in this title or as may 
be specifically provided for them in any other Act of Congress. 
Any Act of Congress which grants rights, privileges, or 
benefits generally to military personnel, or among others, to 
personnel of the Coast Guard and the Coast Guard Reserve, 
without specifically granting such rights, privileges, or 
benefits to members of the Auxiliary or temporary members of 
the Reserve, shall not be deemed applicable to members of the 
Auxiliary or to temporary members of the Reserve.

Sec. [894.]  4104. Availability of facilities and appropriations

  The services and facilities of and appropriations for the 
Coast Guard shall be available to effectuate the purposes of 
the Reserve and the Auxiliary.

    Subtitle IV--Coast Guard Authorizations and Reports to Congress

Chap.                                                               Sec.
      Authorizations................................................4901
      Reports.......................................................5101

                       CHAPTER 49--AUTHORIZATIONS

Sec.
4901. Requirement for prior authorization of appropriations.
4902. Authorization of appropriations.
4903. Authorization of personnel end strengths.
4904. Authorized levels of military strength and training.

Sec. [2701.]  4901. Requirement for prior authorization of 
                    appropriations

  Amounts may be appropriated to or for the use of the Coast 
Guard for the following matters only if the amounts have been 
authorized by law after December 31, 1976:
          (1) For the operation and maintenance of the Coast 
        Guard, not otherwise provided for.
          (2) For the acquisition, construction, renovation, 
        and improvement of aids to navigation, shore 
        facilities, vessels, and aircraft, including equipment 
        related thereto, and for maintenance, rehabilitation, 
        lease, and operation of facilities and equipment.
          (3) For the Coast Guard Reserve program, including 
        operations and maintenance of the program, personnel 
        and training costs, equipment, and services.
          (4) For the environmental compliance and restoration 
        functions of the Coast Guard under [chapter 19] section 
        318 of this title.
          (5) For research, development, test, and evaluation 
        of technologies, materials, and human factors directly 
        related to improving the performance of the Coast 
        Guard.
          (6) For alteration or removal of bridges over 
        navigable waters of the United States constituting 
        obstructions to navigation, and for personnel and 
        administrative costs associated with the Alteration of 
        Bridges Program.

Sec. [2702.]  4902. Authorization of appropriations

  Funds are authorized to be appropriated for each of fiscal 
years 2016 and 2017 for necessary expenses of the Coast Guard 
as follows:
          (1) For the operation and maintenance of the Coast 
        Guard, not otherwise provided for--
                  (A) $6,981,036,000 for fiscal year 2016; and
                  (B) $6,986,815,000 for fiscal year 2017.
          (2) For the acquisition, construction, renovation, 
        and improvement of aids to navigation, shore 
        facilities, vessels, and aircraft, including equipment 
        related thereto, and for maintenance, rehabilitation, 
        lease, and operation of facilities and equipment--
                  (A) $1,945,000,000 for fiscal year 2016; and
                  (B) $1,945,000,000 for fiscal year 2017.
          (3) For the Coast Guard Reserve program, including 
        operations and maintenance of the program, personnel 
        and training costs, equipment, and services--
                  (A) $140,016,000 for fiscal year 2016; and
                  (B) $134,237,000 for fiscal year 2017.
          (4) For the environmental compliance and restoration 
        functions of the Coast Guard under [chapter 19] section 
        318 of this title--
                  (A) $16,701,000 for fiscal year 2016; and
                  (B) $16,701,000 for fiscal year 2017.
          (5) To the Commandant of the Coast Guard for 
        research, development, test, and evaluation of 
        technologies, materials, and human factors directly 
        related to improving the performance of the Coast 
        Guard's mission with respect to search and rescue, aids 
        to navigation, marine safety, marine environmental 
        protection, enforcement of laws and treaties, ice 
        operations, oceanographic research, and defense 
        readiness, and for maintenance, rehabilitation, lease, 
        and operation of facilities and equipment--
                  (A) $19,890,000 for fiscal year 2016; and
                  (B) $19,890,000 for fiscal year 2017.

Sec. [2703.]  4903. Authorization of personnel end strengths

  (a) For each fiscal year, Congress shall authorize the 
strength for active duty personnel of the Coast Guard as of the 
end of that fiscal year. Amounts may be appropriated for a 
fiscal year to or for the use of active duty personnel of the 
Coast Guard only if the end strength for active duty personnel 
for that fiscal year has been authorized by law. If at the end 
of any fiscal year there is in effect a declaration of war or 
national emergency, the President may defer the effectiveness 
of any end-strength limitation with respect to that fiscal year 
prescribed by law for any military or civilian component of the 
Coast Guard, for a period not to exceed 6 months after the end 
of the war or termination of the national emergency.
  (b)(1) Congress shall authorize the average military training 
student loads for the Coast Guard for each fiscal year. That 
authorization is required for student loads for the following 
individual training categories:
                  (A) Recruit and specialized training.
                  (B) Flight training.
                  (C) Professional training in military and 
                civilian institutions.
                  (D) Officer acquisition training.
          (2) Amounts may be appropriated for a fiscal year for 
        use in training military personnel of the Coast Guard 
        in the categories referred to in paragraph (1) only if 
        the average student loads for the Coast Guard for that 
        fiscal year have been authorized by law.

Sec. [2704.]  4904. Authorized levels of military strength and training

  (a) Active Duty Strength.--The Coast Guard is authorized an 
end-of-year strength for active duty personnel of 43,000 for 
each of fiscal years 2016 and 2017.
  (b) Military Training Student Loads.--The Coast Guard is 
authorized average military training student loads for each of 
fiscal years 2016 and 2017 as follows:
          (1) For recruit and special training, 2,500 student 
        years.
          (2) For flight training, 165 student years.
          (3) For professional training in military and 
        civilian institutions, 350 student years.
          (4) For officer acquisition, 1,200 student years.

                          CHAPTER 51--REPORTS

Sec.
5101. Transmission of annual Coast Guard authorization request.
5102. Capital investment plan.
5103. Major acquisitions.
5104. Manpower requirements plan.
5105. Inventory of real property.

Sec. [2901.]  5101. Transmission of annual Coast Guard authorization 
                    request

  (a) In General.--Not later than 30 days after the date on 
which the President submits to Congress a budget for a fiscal 
year pursuant to section 1105 of title 31, the Secretary shall 
submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a Coast Guard 
authorization request with respect to such fiscal year.
  (b) Coast Guard Authorization Request Defined.--In this 
section, the term ``Coast Guard authorization request'' means a 
proposal for legislation that, with respect to the Coast Guard 
for the relevant fiscal year--
          (1) recommends end strengths for personnel for that 
        fiscal year, as described in section 2703;
          (2) recommends authorizations of appropriations for 
        that fiscal year, including with respect to matters 
        described in section 2701; and
          (3) addresses any other matter that the Secretary 
        determines is appropriate for inclusion in a Coast 
        Guard authorization bill.

Sec. [2902.]  5102. Capital investment plan

  (a) In General.--On the date on which the President submits 
to Congress a budget pursuant to section 1105 of title 31, the 
Commandant of the Coast Guard shall submit to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate--
          (1) a capital investment plan for the Coast Guard 
        that identifies for each capital asset for which 
        appropriations are proposed in that budget--
                  (A) the proposed appropriations included in 
                the budget;
                  (B) the total estimated cost of completion 
                based on the proposed appropriations included 
                in the budget;
                  (C) projected funding levels for each fiscal 
                year for the next 5 fiscal years or until 
                project completion, whichever is earlier;
                  (D) an estimated completion date based on the 
                proposed appropriations included in the budget; 
                and
                  (E) an acquisition program baseline, as 
                applicable; and
          (2) a list of each unfunded priority for the Coast 
        Guard.
  (b) New Capital Assets.--In the fiscal year following each 
fiscal year for which appropriations are enacted for a new 
capital asset, the report submitted under subsection (a) shall 
include--
          (1) an estimated life-cycle cost estimate for the new 
        capital asset;
          (2) an assessment of the impact the new capital asset 
        will have on--
                  (A) delivery dates for each capital asset;
                  (B) estimated completion dates for each 
                capital asset;
                  (C) the total estimated cost to complete each 
                capital asset; and
                  (D) other planned construction or improvement 
                projects; and
          (3) recommended funding levels for each capital asset 
        necessary to meet the estimated completion dates and 
        total estimated costs included in the such asset's 
        approved acquisition program baseline.
  (c) Definitions.--In this section--
          (1) the term ``unfunded priority'' means a program or 
        mission requirement that--
                  (A) has not been selected for funding in the 
                applicable proposed budget;
                  (B) is necessary to fulfill a requirement 
                associated with an operational need; and
                  (C) the Commandant would have recommended for 
                inclusion in the applicable proposed budget had 
                additional resources been available or had the 
                requirement emerged before the budget was 
                submitted; and
          (2) the term ``new capital asset'' means--
                  (A) an acquisition program that does not have 
                an approved acquisition program baseline; or
                  (B) the acquisition of a capital asset in 
                excess of the number included in the approved 
                acquisition program baseline.

Sec. [2903.]  5103. Major acquisitions

  (a) In General.--In conjunction with the transmittal by the 
President to Congress of the budget of the United States for 
fiscal year 2014 and biennially thereafter, the Secretary shall 
submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives a report on the status of all major acquisition 
programs.
  (b) Information To Be Included.--Each report under subsection 
(a) shall include for each major acquisition program--
          (1) a statement of the Coast Guard's mission needs 
        and performance goals relating to such program, 
        including a justification for any change to those needs 
        and goals subsequent to a report previously submitted 
        under this section;
          (2) a justification explaining how the projected 
        number and capabilities of assets acquired under such 
        program meet applicable mission needs and performance 
        goals;
          (3) an identification of any and all mission hour 
        gaps, accompanied by an explanation of how and when the 
        Coast Guard will close those gaps;
          (4) an identification of any changes with respect to 
        such program, including--
                  (A) any changes to the timeline for the 
                acquisition of each new asset and the phaseout 
                of legacy assets; and
                  (B) any changes to--
                          (i) the costs of new assets or legacy 
                        assets for that fiscal year or future 
                        fiscal years; or
                          (ii) the total acquisition cost;
          (5) a justification explaining how any change to such 
        program fulfills the mission needs and performance 
        goals of the Coast Guard;
          (6) a description of how the Coast Guard is planning 
        for the integration of each new asset acquired under 
        such program into the Coast Guard, including needs 
        related to shore-based infrastructure and human 
        resources;
          (7) an identification of how funds in the applicable 
        fiscal year's budget request will be allocated, 
        including information on the purchase of specific 
        assets;
          (8) a projection of the remaining operational 
        lifespan and life-cycle cost of each legacy asset that 
        also identifies any anticipated resource gaps;
          (9) a detailed explanation of how the costs of legacy 
        assets are being accounted for within such program; and
          (10) an annual performance comparison of new assets 
        to legacy assets.
  (c) Adequacy of Acquisition Workforce.--Each report under 
subsection (a) shall--
          (1) include information on the scope of the 
        acquisition activities to be performed in the next 
        fiscal year and on the adequacy of the current 
        acquisition workforce to meet that anticipated 
        workload;
          (2) specify the number of officers, members, and 
        employees of the Coast Guard currently and planned to 
        be assigned to each position designated under section 
        562(c); and
          (3) identify positions that are or will be 
        understaffed and actions that will be taken to correct 
        such understaffing.
  (d) Cutters Not Maintained in Class.--Each report under 
subsection (a) shall identify which, if any, Coast Guard 
cutters that have been issued a certificate of classification 
by the American Bureau of Shipping have not been maintained in 
class, with an explanation detailing the reasons why the 
cutters have not been maintained in class.
  (e) Long-term Major Acquisitions Plan.--Each report under 
subsection (a) shall include a plan that describes for the 
upcoming fiscal year, and for each of the 20 fiscal years 
thereafter--
          (1) the numbers and types of cutters and aircraft to 
        be decommissioned;
          (2) the numbers and types of cutters and aircraft to 
        be acquired to--
                  (A) replace the cutters and aircraft 
                identified under paragraph (1); or
                  (B) address an identified capability gap; and
          (3) the estimated level of funding in each fiscal 
        year required to--
                  (A) acquire the cutters and aircraft 
                identified under paragraph (2);
                  (B) acquire related command, control, 
                communications, computer, intelligence, 
                surveillance, and reconnaissance systems; and
                  (C) acquire, construct, or renovate shoreside 
                infrastructure.
  (f) Quarterly Updates on Risks of Programs.--
          (1) In general.--Not later than 15 days after the end 
        of each fiscal year quarter, the Commandant of the 
        Coast Guard shall submit to the committees of Congress 
        specified in subsection (a) an update setting forth a 
        current assessment of the risks associated with all 
        current major acquisition programs.
          (2) Elements.--Each update under this subsection 
        shall set forth, for each current major acquisition 
        program, the following:
                  (A) The top five current risks to such 
                program.
                  (B) Any failure of such program to 
                demonstrate a key performance parameter or 
                threshold during operational test and 
                evaluation conducted during the fiscal year 
                quarter preceding such update.
                  (C) Whether there has been any decision 
                during such fiscal year quarter to order full-
                rate production before all key performance 
                parameters or thresholds are met.
                  (D) Whether there has been any breach of 
                major acquisition program cost (as defined by 
                the Major Systems Acquisition Manual) during 
                such fiscal year quarter.
                  (E) Whether there has been any breach of 
                major acquisition program schedule (as so 
                defined) during such fiscal year quarter.
  (g) Major Acquisition Program Defined.--In this section, the 
term ``major acquisition program'' means an ongoing acquisition 
undertaken by the Coast Guard with a life-cycle cost estimate 
greater than or equal to $300,000,000.

Sec. [2904.]  5104. Manpower requirements plan

  (a) In General.--On the date on which the President submits 
to the Congress a budget for fiscal year 2017 under section 
1105 of title 31, on the date on which the President submits to 
the Congress a budget for fiscal year 2019 under such section, 
and every 4 years thereafter, the Commandant shall submit to 
the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a manpower requirements plan.
  (b) Scope.--A manpower requirements plan submitted under 
subsection (a) shall include for each mission of the Coast 
Guard--
          (1) an assessment of all projected mission 
        requirements for the upcoming fiscal year and for each 
        of the 3 fiscal years thereafter;
          (2) the number of active duty, reserve, and civilian 
        personnel assigned or available to fulfill such mission 
        requirements--
                  (A) currently; and
                  (B) as projected for the upcoming fiscal year 
                and each of the 3 fiscal years thereafter;
          (3) the number of active duty, reserve, and civilian 
        personnel required to fulfill such mission 
        requirements--
                  (A) currently; and
                  (B) as projected for the upcoming fiscal year 
                and each of the 3 fiscal years thereafter;
          (4) an identification of any capability gaps between 
        mission requirements and mission performance caused by 
        deficiencies in the numbers of personnel available--
                  (A) currently; and
                  (B) as projected for the upcoming fiscal year 
                and each of the 3 fiscal years thereafter; and
          (5) an identification of the actions the Commandant 
        will take to address capability gaps identified under 
        paragraph (4).
  (c) Consideration.--In composing a manpower requirements plan 
for submission under subsection (a), the Commandant shall 
consider--
          (1) the marine safety strategy required under section 
        2116 of title 46;
          (2) information on the adequacy of the acquisition 
        workforce included in the most recent report under 
        section 2903 of this title; and
          (3) any other Federal strategic planning effort the 
        Commandant considers appropriate.

Sec. [679.]  5105. Inventory of real property

  (a) In General.--Not later than September 30, 2015, the 
Commandant shall establish an inventory of all real property, 
including submerged lands, under the control of the Coast 
Guard, which shall include--
          (1) the size, the location, and any other appropriate 
        description of each unit of such property;
          (2) an assessment of the physical condition of each 
        unit of such property, excluding lands;
          (3) a determination of whether each unit of such 
        property should be--
                  (A) retained to fulfill a current or 
                projected Coast Guard mission requirement; or
                  (B) subject to divestiture; and
          (4) other information the Commandant considers 
        appropriate.
  (b) Inventory Maintenance.--The Commandant shall--
          (1) maintain the inventory required under subsection 
        (a) on an ongoing basis; and
          (2) update information on each unit of real property 
        included in such inventory not later than 30 days after 
        any change relating to the control of such property.
  (c) Recommendations to Congress.--Not later than March 30, 
2016, and every 5 years thereafter, the Commandant shall submit 
to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report that 
includes--
          (1) a list of all real property under the control of 
        the Coast Guard and the location of such property by 
        property type;
          (2) recommendations for divestiture with respect to 
        any units of such property; and
          (3) recommendations for consolidating any units of 
        such property, including--
                  (A) an estimate of the costs or savings 
                associated with each recommended consolidation; 
                and
                  (B) a discussion of the impact that such 
                consolidation would have on Coast Guard mission 
                effectiveness.
                              ----------                              


                         ACT OF APRIL 28, 1908

 CHAP. 151.--An Act To provide for safety of life on navigable waters 
                   during regattas or marine parades.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That the 
Secretary of Commerce and Labor is hereby authorized and 
empowered in his discretion to issue from time to time 
regulations, not contrary to law, to promote the safety of life 
on navigable waters during regattas or marine parades.
    [Sec. 2. That to enforce such regulations the Secretary of 
Commerce and Labor may detail any public vessel in the service 
of that Department and make use of any private vessel tendered 
gratuitously for the purpose, or upon the request of the 
Secretary of Commerce and Labor the head of any other 
Department may enforce the regulations issued under this Act by 
means of any public vessel of such Department and of any 
private vessel tendered gratuitously for the purpose.
    [Sec. 3. That the authority and power bestowed upon the 
Secretary of Commerce and Labor by sections one and two may be 
transferred for any special occasion to the head of another 
Department by the President whenever in his judgment such 
transfer is desirable.
    [Sec. 4. That for any violation of regulations issued 
pursuant to this Act the following penalties shall be incurred:
    [(a) A licensed officer shall be liable to suspension or 
revocation of license in the manner now prescribed by law for 
incompetency or misconduct.
    [(b) Any person in charge of the navigation of a vessel 
other than a licensed officer shall be liable to a penalty of 
$5,000.
    [(c) The owner of a vessel (including any corporate officer 
of a corporation owning the vessel) actually on board shall be 
liable to a penalty of $5,000, unless the violation of 
regulations shall have occurred without his knowledge.
    [(d) Any other person shall be liable to a penalty of 
$2,500.
    [The Secretary of Commerce and Labor is hereby authorized 
and empowered to mitigate or remit any penalty herein provided 
for in the manner prescribed by law for the mitigation or 
remission of penalties for violation of the navigation laws.
    [Sec. 5. That the Act approved May nineteenth, eighteen 
hundred and ninety-six, entitled ``An Act to provide for the 
safety of passengers on excursion steamers,'' is hereby 
repealed.
    [Sec. 6. That this Act shall take effect on April tenth, 
nineteen hundred and eight.]
                              ----------                              


                  TITLE II OF THE ACT OF JUNE 15, 1917


 AN ACT To punish acts of interference with the foreign relations, the 
 neutrality, and the foreign commerce of the United States, to punish 
   espionage, and better to enforce the criminal laws of the United 
                    States, and for other purposes.

                               TITLE II.


                 VESSELS IN PORTS OF THE UNITED STATES.

  [Section 1. Whenever the President by proclamation or 
Executive order declares a national emergency to exist by 
reason of actual or threatened war, insurrection, or invasion, 
or disturbance or threatened disturbance of the international 
relations of the United States, or whenever the Attorney 
General determines that an actual or anticipated mass migration 
of aliens en route to, or arriving off the coast of, the United 
States presents urgent circumstances requiring an immediate 
Federal response, the Secretary of the Treasury may make, 
subject to the approval of the President, rules and regulations 
governing the anchorage and movement of any vessel, foreign or 
domestic, in the territorial waters of the United States, may 
inspect such vessel at any time, place guards thereon, and, if 
necessary in his opinion in order to secure such vessels from 
damage or injury, or to prevent damage or injury to any harbor 
or waters of the United States, or to secure the observance of 
the rights and obligations of the United States, may take, by 
and with the consent of the President, for such purposes, full 
possession and control of such vessel and remove therefrom the 
officers and crew thereof and all other persons not specially 
authorized by him to go or remain on board thereof.
  [Whenever the President finds that the security of the United 
States dent. is endangered by reason of actual or threatened 
war, or invasion, or insurrection, or subversive activity, or 
of disturbances or threatened disturbances of the international 
relations of the United States, the President is authorized to 
institute such measures and issue such rules and regulations--
          [(a) to govern the anchorage and movement of any 
        foreign-flag vessels in the territorial waters of the 
        United States, to inspect such vessels at any time, to 
        place guards thereon, and, if necessary in his opinion 
        in order to secure such vessels from damage or injury, 
        or to prevent damage or injury to any harbor or waters 
        of the United States, or to secure the observance of 
        rights and obligations of the United States, may take 
        for such purposes full possession and control of such 
        vessels and remove therefrom the officers and crew 
        thereof, and all other persons not especially 
        authorized by him to go or remain on board thereof;
          [(b) to safeguard against destruction, loss, or 
        injury from sabotage or other subversive acts, 
        accidents, or other causes of similar nature, vessels, 
        harbors, ports, and waterfront facilities in the United 
        States and all territory and water, continental or 
        insular, subject to the jurisdiction of the United 
        States.
The President may delegate the authority to issue such rules 
and regulations to the Secretary of the department in which the 
Coast Guard is operating. Any appropriation available to any of 
the Executive Departments shall be available to carry out the 
provisions of this title.
  [Sec. 2. (a) In General.--If any owner, agent, master, 
officer, or person in charge, or any member of the crew of any 
such vessel fails to comply with any regulation or rule issued 
or order given under the provisions of this title, or obstructs 
or interferes with the exercise of any power conferred by this 
title, the vessel, together with her tackle, apparel, 
furniture, and equipment, shall be subject to seizure and 
forfeiture to the United States in the same manner as 
merchandise is forfeited for violation of the customs revenue 
laws; and the person guilty of such failure, obstruction, or 
interference shall be punished by imprisonment for not more 
than ten years and may, in the discretion of the court, be 
fined not more than $10,000.
  [(b) Application to Others.--If any other person knowingly 
fails to comply with any regulation or rule issued or order 
given under the provisions of this title, or knowingly 
obstructs or interferes with the exercise of any power 
conferred by this title, he shall be punished by imprisonment 
for not more than ten years and may, at the discretion of the 
court, be fined not more than $10,000.
  [(c) Civil Penalty.--A person violating this title, or a 
regulation prescribed under this title, shall be liable to the 
United States Government for a civil penalty of not more than 
$25,000 for each violation. Each day of a continuing violation 
shall constitute a separate violation.
  [(d) In Rem Liability.--Any vessel that is used in violation 
of this title, or of any regulation issued under this title, 
shall be liable in rem for any civil penalty assessed pursuant 
to subsection (c) and may be proceeded against in the United 
States district court for any district in which such vessel may 
be found.
  [(e) Withholding of Clearance.--
          [(1) In general.--If any owner, agent, master, 
        officer, or person in charge of a vessel is liable for 
        a penalty or fine under subsection (c), or if 
        reasonable cause exists to believe that the owner, 
        agent, master, officer, or person in charge may be 
        subject to a penalty or fine under this section, the 
        Secretary may, with respect to such vessel, refuse or 
        revoke any clearance required by section 4197 of the 
        Revised Statutes of the United States (46 U.S.C. App. 
        91).
          [(2) Clearance upon filing of bond or other surety.--
        The Secretary may require the filing of a bond or other 
        surety as a condition of granting clearance refused or 
        revoked under this subsection.

  [Sec. 4. The President may employ such departments, agencies, 
officers, or instrumentalities of the United States as he may 
deem necessary to carry out the purpose of this title.]
                              ----------                              


                      TITLE 46, UNITED STATES CODE




           *       *       *       *       *       *       *
SUBTITLE II--VESSELS AND SEAMEN

           *       *       *       *       *       *       *


PART B--INSPECTION AND REGULATION OF VESSELS

           *       *       *       *       *       *       *


CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

           *       *       *       *       *       *       *



Sec. 3719. Reduction of oil spills from single hull non-self-propelled 
                    tank vessels

  The Secretary shall, in consultation with the National Towing 
Safety Advisory Committee and taking into consideration the 
characteristics, methods of operation, and the size and nature 
of service of single hull non-self-propelled tank vessels and 
towing vessels, prescribe regulations requiring a single hull 
non-self-propelled tank vessel that operates in the open ocean 
or coastal waters, or the vessel towing it, to have at least 
one of the following:
          (1) A crew member and an operable anchor on board the 
        tank vessel that together are capable of arresting the 
        tank vessel without additional assistance under 
        reasonably foreseeable sea conditions.
          (2) An emergency system on the tank vessel or towing 
        vessel that without additional assistance under 
        reasonably foreseeable sea conditions will allow the 
        tank vessel to be retrieved by the towing vessel if the 
        tow line ruptures.
          (3) Any other measure or combination of measures that 
        the Secretary determines will provide protection 
        against grounding of the tank vessel comparable to that 
        provided by the measures described in paragraph (1) or 
        (2).

           *       *       *       *       *       *       *


CHAPTER 41--UNINSPECTED VESSELS GENERALLY

           *       *       *       *       *       *       *



Sec. 4102. Safety equipment

  (a) Each uninspected vessel propelled by machinery shall be 
provided with the number, type, and size of fire extinguishers, 
capable of promptly and effectively extinguishing burning 
liquid fuel, that may be prescribed by regulation. The fire 
extinguishers shall be kept in condition for immediate and 
effective use and so placed as to be readily accessible.
  (b) The Secretary shall prescribe regulations requiring the 
installation, maintenance, and use of life preservers and other 
lifesaving devices for individuals on board uninspected 
vessels.
  (c) Each uninspected vessel shall have the carburetors of 
each engine of the vessel (except an outboard motor) using 
gasoline as fuel, equipped with an efficient flame arrestor, 
backfire trap, or other similar device prescribed by 
regulation.
  (d) Each uninspected vessel using a volatile liquid as fuel 
shall be provided with the means prescribed by regulation for 
properly and efficiently ventilating the bilges of the engine 
and fuel tank compartments, so as to remove any explosive or 
flammable gases.
  (e) Each manned uninspected vessel owned in the United States 
and operating beyond 3 nautical miles from the baselines from 
which the territorial sea of the United States is measured or 
beyond three nautical miles from the coastline of the Great 
Lakes shall be equipped with the number and type of alerting 
and locating equipment, including emergency position indicating 
radio beacons, prescribed by the Secretary.
  (f)(1) The Secretary, in consultation with the National 
Towing Safety Advisory Committee and taking into consideration 
the characteristics, methods of operation, and nature of 
service of towing vessels, may require the installation, 
maintenance, and use of a fire suppression system or other 
measures to provide adequate assurance that fires on board 
towing vessels can be suppressed under reasonably foreseeable 
circumstances.
          (2) The Secretary shall require under paragraph (1) 
        the use of a fire suppression system or other measures 
        to provide adequate assurance that a fire on board a 
        towing vessel that is towing a non-self-propelled tank 
        vessel can be suppressed under reasonably foreseeable 
        circumstances.

           *       *       *       *       *       *       *


CHAPTER 43--RECREATIONAL VESSELS

           *       *       *       *       *       *       *



Sec. 4302. Regulations

  (a) The Secretary may prescribe regulations--
          (1) establishing minimum safety standards for 
        recreational vessels and associated equipment, and 
        establishing procedures and tests required to measure 
        conformance with those standards, with each standard--
                  (A) meeting the need for recreational vessel 
                safety; and
                  (B) being stated, insofar as practicable, in 
                terms of performance;
          (2) requiring the installation, carrying, or use of 
        associated equipment (including fuel systems, 
        ventilation systems, electrical systems, sound-
        producing devices, firefighting equipment, lifesaving 
        devices, signaling devices, ground tackle, life- and 
        grab-rails, and navigational equipment) on recreational 
        vessels and classes of recreational vessels subject to 
        this chapter, and prohibiting the installation, 
        carrying, or use of associated equipment that does not 
        conform with safety standards established under this 
        section; and
          (3) requiring or permitting the display of seals, 
        labels, plates, insignia, or other devices for 
        certifying or evidencing compliance with safety 
        regulations and standards of the United States 
        Government for recreational vessels and associated 
        equipment.
  (b) Each regulation prescribed under this section shall 
specify an effective date that is not earlier than 180 days 
from the date the regulation was published, unless the 
Secretary finds that there exists a recreational vessel safety 
hazard so critical as to require an earlier effective date. 
However, this period may not be more than 24 months for cases 
involving, in the discretion of the Secretary, major product 
design, retooling, or major changes in the manufacturing 
process.
  (c) In prescribing regulations under this section, the 
Secretary shall, among other things--
          (1) consider the need for and the extent to which the 
        regulations will contribute to recreational vessel 
        safety;
          (2) consider relevant available recreational vessel 
        safety standards, statistics, and data, including 
        public and private research, development, testing, and 
        evaluation;
          (3) not compel substantial alteration of a 
        recreational vessel or item of associated equipment 
        that is in existence, or the construction or 
        manufacture of which is begun before the effective date 
        of the regulation, but subject to that limitation may 
        require compliance or performance, to avoid a 
        substantial risk of personal injury to the public, that 
        the Secretary considers appropriate in relation to the 
        degree of hazard that the compliance will correct; and
          (4) consult with the National Boating Safety Advisory 
        [Council established under section 13110 of this title] 
        Committee established under section 1305 of title 14 
        about the considerations referred to in clauses (1)-(3) 
        of this subsection.
  (d) Section 8903 of this title does not apply to a vessel 
being operated for bona fide dealer demonstrations provided 
without fee to business invitees. However, if on the basis of 
substantial evidence, the Secretary decides under this section 
that requiring vessels so operated to be under the control of 
licensed individuals is necessary for boating safety, then the 
Secretary may prescribe regulations requiring the licensing of 
individuals controlling these vessels in the same manner as 
provided in chapter 89 of this title for individuals in control 
of vessels carrying passengers for hire.
  (e)(1) Under this section, a model year for recreational 
vessels and associated equipment shall, except as provided in 
paragraph (2)--
                  (A) begin on June 1 of a year and end on July 
                31 of the following year; and
                  (B) be designated by the year in which it 
                ends.
          (2) Upon the request of a recreational vessel 
        manufacturer to which this chapter applies, the 
        Secretary may alter a model year for a model of 
        recreational vessel of the manufacturer and associated 
        equipment, by no more than 6 months from the model year 
        described in paragraph (1).

           *       *       *       *       *       *       *


Sec. 4310. Repair and replacement of defects

  (a) In this section, ``associated equipment'' includes only 
items or classes of associated equipment that the Secretary 
shall prescribe by regulation after deciding that the 
application of the requirements of this section to those items 
or classes of associated equipment is reasonable and in 
furtherance of this chapter.
  (b) If a recreational vessel or associated equipment has left 
the place of manufacture and the recreational vessel 
manufacturer discovers or acquires information that the 
manufacturer decides, in the exercise of reasonable and prudent 
judgment, indicates that a recreational vessel or associated 
equipment subject to an applicable regulation prescribed under 
section 4302 of this title either fails to comply with the 
regulation, or contains a defect that creates a substantial 
risk of personal injury to the public, the manufacturer shall 
provide notification of the defect or failure of compliance as 
provided by subsections (c) and (d) of this section within a 
reasonable time after the manufacturer has discovered the 
defect.
  (c)(1) The notification required by subsection (b) of this 
section shall be given to the following persons in the 
following manner:
                  (A) by first class mail or by certified mail 
                to the first purchaser for other than resale, 
                except that the requirement for notification of 
                the first purchaser shall be satisfied if the 
                recreational vessel manufacturer exercises 
                reasonable diligence in establishing and 
                maintaining a list of those purchasers and 
                their current addresses, and sends the required 
                notice to each person on that list at the 
                address appearing on the list.
                  (B) by first class mail or by certified mail 
                to subsequent purchasers if known to the 
                manufacturer.
                  (C) by first class mail or by certified mail 
                or other more expeditious means to the dealers 
                and distributors of the recreational vessels or 
                associated equipment.
          (2) The notification required by subsection (b) of 
        this section is required to be given only for a defect 
        or failure of compliance discovered by the recreational 
        vessel manufacturer within a reasonable time after the 
        manufacturer has discovered the defect or failure, 
        except that the manufacturer's duty of notification 
        under paragraph (1)(A) and (B) of this subsection 
        applies only to a defect or failure of compliance 
        discovered by the manufacturer within one of the 
        following appropriate periods:
                  (A) if a recreational vessel or associated 
                equipment required by regulation to have a date 
                of certification affixed, 10 years from the 
                date of certification.
                  (B) if a recreational vessel or associated 
                equipment not required by regulation to have a 
                date of certification affixed, 10 years from 
                the date of manufacture.
  (d) The notification required by subsection (b) of this 
section shall contain a clear description of the defect or 
failure to comply, an evaluation of the hazard reasonably 
related to the defect or failure, a statement of the measures 
to correct the defect or failure, and an undertaking by the 
recreational vessel manufacturer to take those measures only at 
the manufacturer's cost and expense.
  (e) Each recreational vessel manufacturer shall provide the 
Secretary with a copy of all notices, bulletins, and other 
communications to dealers and distributors of that 
manufacturer, and to purchasers of recreational vessels or 
associated equipment of that manufacturer, about a defect 
related to safety in the recreational vessels or associated 
equipment, and any failure to comply with the regulation or 
order applicable to the recreational vessels or associated 
equipment. The Secretary may publish or otherwise disclose to 
the public information in the notices or other information the 
Secretary has that the Secretary considers will assist in 
carrying out this chapter. However, the Secretary may disclose 
any information that contains or relates to a trade secret only 
if the Secretary decides that the information is necessary to 
carry out this chapter.
  (f) If, through testing, inspection, investigation, or 
examination of reports, the Secretary decides that a 
recreational vessel or associated equipment to which this 
chapter applies contains a defect related to safety or fails to 
comply with an applicable regulation prescribed under this 
chapter and notification under this chapter is appropriate, the 
Secretary shall notify the recreational vessel manufacturer of 
the defect or failure. The notice shall contain the findings of 
the Secretary and shall include a synopsis of the information 
on which they are based. The manufacturer may then provide the 
notification required by this chapter to the persons designated 
in this chapter or dispute the Secretary's decision. If 
disputed, the Secretary shall provide the manufacturer with an 
opportunity to present views and establish that there is no 
such defect or failure. When the Secretary considers it to be 
in the public interest, the Secretary may publish notice of the 
proceeding in the Federal Register and provide interested 
persons, including the National Boating Safety [Advisory 
Council] Advisory Committee, with an opportunity to comment. 
If, after presentation by the manufacturer, the Secretary 
decides that the recreational vessel or associated equipment 
contains a defect related to safety or fails to comply with an 
applicable regulation, the Secretary may direct the 
manufacturer to provide the notifications specified in this 
chapter.
  (g) The Secretary may prescribe regulations to carry out this 
section, including the establishment of procedures that require 
dealers and distributors to assist manufacturers in obtaining 
information required by this section. A regulation prescribed 
under this subsection does not relieve a manufacturer of any 
obligation imposed by this section.

           *       *       *       *       *       *       *


      CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

Sec.
4501. Application.
     * * * * * * *
[4508. Commercial Fishing Safety Advisory Committee.]

           *       *       *       *       *       *       *


[Sec. 4508. Commercial Fishing Safety Advisory Committee

  [(a) The Secretary shall establish a Commercial Fishing 
Safety Advisory Committee. The Committee--
          [(1) may advise, consult with, report to, and make 
        recommendations to the Secretary on matters relating to 
        the safe operation of vessels to which this chapter 
        applies, including navigation safety, safety equipment 
        and procedures, marine insurance, vessel design, 
        construction, maintenance and operation, and personnel 
        qualifications and training;
          [(2) may review proposed regulations under this 
        chapter;
          [(3) may make available to Congress any information, 
        advice, and recommendations that the Committee is 
        authorized to give to the Secretary; and
          [(4) shall meet at the call of the Secretary, who 
        shall call such a meeting at least once during each 
        calendar year.
  [(b)(1) The Committee shall consist of eighteen members with 
particular expertise, knowledge, and experience regarding the 
commercial fishing industry as follows:
                  [(A) ten members who shall represent the 
                commercial fishing industry and who--
                          [(i) reflect a regional and 
                        representational balance; and
                          [(ii) have experience in the 
                        operation of vessels to which this 
                        chapter applies or as a crew member or 
                        processing line worker on a fish 
                        processing vessel;
                  [(B) three members who shall represent the 
                general public, including, whenever possible--
                          [(i) an independent expert or 
                        consultant in maritime safety;
                          [(ii) a marine surveyor who provides 
                        services to vessels to which this 
                        chapter applies; and
                          [(iii) a person familiar with issues 
                        affecting fishing communities and 
                        families of fishermen;
                  [(C) one member each of whom shall 
                represent--
                          [(i) naval architects and marine 
                        engineers;
                          [(ii) manufacturers of equipment for 
                        vessels to which this chapter applies;
                          [(iii) education or training 
                        professionals related to fishing 
                        vessel, fish processing vessel, or fish 
                        tender vessel safety or personnel 
                        qualifications;
                          [(iv) underwriters that insure 
                        vessels to which this chapter applies; 
                        and
                          [(v) owners of vessels to which this 
                        chapter applies.
          [(2) At least once each year, the Secretary shall 
        publish a notice in the Federal Register and in 
        newspapers of general circulation in coastal areas 
        soliciting nominations for membership on the Committee, 
        and, after timely notice is published, appoint the 
        members of the Committee. An individual may be 
        appointed to a term as a member of the Committee more 
        than once. The Secretary may not seek or use 
        information concerning the political affiliation of 
        individuals in making appointments to the Committee.
          [(3)(A) A member of the Committee shall serve a term 
        of three years.
                  [(B) If a vacancy occurs in the membership of 
                the Committee, the Secretary shall appoint a 
                member to fill the remainder of the vacated 
                term.
          [(4) The Committee shall elect one of its members as 
        the Chairman and one of its members as the Vice 
        Chairman. The Vice Chairman shall act as Chairman in 
        the absence or incapacity of, or in the event of a 
        vacancy in the office of, the Chairman.
          [(5) The Secretary shall, and any other interested 
        agency may, designate a representative to participate 
        as an observer with the Committee. These 
        representatives shall, as appropriate, report to and 
        advise the Committee on matters relating to vessels to 
        which this chapter applies which are under the 
        jurisdiction of their respective agencies. The 
        Secretary's designated representative shall act as 
        executive secretary for the Committee and perform the 
        duties set forth in section 10(c) of the Federal 
        Advisory Committee Act (5 App. U.S.C.).
  [(c)(1) The Secretary shall, whenever practicable, consult 
with the Committee before taking any significant action 
relating to the safe operation of vessels to which this chapter 
applies.
          [(2) The Secretary shall consider the information, 
        advice, and recommendations of the Committee in 
        consulting with other agencies and the public or in 
        formulating policy regarding the safe operation of 
        vessels to which this chapter applies.
  [(d)(1) A member of the Committee who is not an officer or 
employee of the United States or a member of the Armed Forces, 
when attending meetings of the Committee or when otherwise 
engaged in the business of the Committee, is entitled to 
receive--
                  [(A) compensation at a rate fixed by the 
                Secretary, not exceeding the daily equivalent 
                of the current rate of basic pay in effect for 
                GS-18 of the General Schedule under section 
                5332 of title 5 including travel time; and
                  [(B) travel or transportation expenses under 
                section 5703 of title 5.
          [(2) Payments under this section do not render a 
        member of the Committee an officer or employee of the 
        United States or a member of the Armed Forces for any 
        purpose.
          [(3) A member of the Committee who is an officer or 
        employee of the United States or a member of the Armed 
        Forces may not receive additional pay based on the 
        member's service to the Committee.
          [(4) The provisions of this section relating to an 
        officer or employee of the United States or a member of 
        the Armed Forces do not apply to a member of a reserve 
        component of the Armed Forces unless that member is in 
        an active status.
  [(e)(1) The Federal Advisory Committee Act (5 App. U.S.C.) 
applies to the Committee, except that the Committee terminates 
on September 30, 2020.
          [(2) Two years prior to the termination date referred 
        to in paragraph (1) of this subsection, the Committee 
        shall submit to Congress its recommendation regarding 
        whether the Committee should be renewed and continued 
        beyond the termination date.]

           *       *       *       *       *       *       *


PART E--MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS

           *       *       *       *       *       *       *


           CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY

Sec.
7101. Issuing and classifying licenses and certificates of registery.
     * * * * * * *
[7115. Merchant Mariner Medical Advisory Committee.]

           *       *       *       *       *       *       *


[Sec. 7115. Merchant Mariner Medical Advisory Committee

  [(a) Establishment.--
          [(1) In general.--There is established a Merchant 
        Mariner Medical Advisory Committee (in this section 
        referred to as the ``Committee'').
          [(2) Functions.--The Committee shall advise the 
        Secretary on matters relating to--
                  [(A) medical certification determinations for 
                issuance of licences, certificates of registry, 
                and merchant mariners' documents;
                  [(B) medical standards and guidelines for the 
                physical qualifications of operators of 
                commercial vessels;
                  [(C) medical examiner education; and
                  [(D) medical research.
  [(b) Membership.--
          [(1) In general.--The Committee shall consist of 14 
        members, none of whom is a Federal employee, and shall 
        include--
                  [(A) ten who are health-care professionals 
                with particular expertise, knowledge, or 
                experience regarding the medical examinations 
                of merchant mariners or occupational medicine; 
                and
                  [(B) four who are professional mariners with 
                knowledge and experience in mariner 
                occupational requirements.
          [(2) Status of members.--Members of the Committee 
        shall not be considered Federal employees or otherwise 
        in the service or the employment of the Federal 
        Government, except that members shall be considered 
        special Government employees, as defined in section 
        202(a) of title 18, United States Code, and shall be 
        subject to any administrative standards of conduct 
        applicable to the employees of the department in which 
        the Coast Guard is operating.
  [(c) Appointments; Terms; Vacancies.--
          [(1) Appointments.--The Secretary shall appoint the 
        members of the Committee, and each member shall serve 
        at the pleasure of the Secretary.
          [(2) Terms.--Each member shall be appointed for a 
        term of five years, except that, of the members first 
        appointed, three members shall be appointed for a term 
        of two years.
          [(3) Vacancies.--Any member appointed to fill the 
        vacancy prior to the expiration of the term for which 
        that member's predecessor was appointed shall be 
        appointed for the remainder of that term.
  [(d) Chairman and Vice Chairman.--The Secretary shall 
designate one member of the Committee as the Chairman and one 
member as the Vice Chairman. The Vice Chairman shall act as 
Chairman in the absence or incapacity of, or in the event of a 
vacancy in the office of, the Chairman.
  [(e) Compensation; Reimbursement.--Members of the Committee 
shall serve without compensation, except that, while engaged in 
the performance of duties away from their homes or regular 
places of business of the member, the member of the Committee 
may be allowed travel expenses, including per diem in lieu of 
subsistence, as authorized by section 5703 of title 5.
  [(f) Staff; Services.--The Secretary shall furnish to the 
Committee the personnel and services as are considered 
necessary for the conduct of its business.]

           *       *       *       *       *       *       *


   CHAPTER 75--GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND 
DOCUMENTATION

           *       *       *       *       *       *       *


Sec. 7510. Examinations for merchant mariner credentials

  (a) Disclosure Not Required.--Notwithstanding any other 
provision of law, the Secretary is not required to disclose to 
the public--
          (1) a question from any examination for a merchant 
        mariner credential;
          (2) the answer to such a question, including any 
        correct or incorrect answer that may be presented with 
        such question; and
          (3) any quality or characteristic of such a question, 
        including--
                  (A) the manner in which such question has 
                been, is, or may be selected for an 
                examination;
                  (B) the frequency of such selection; and
                  (C) the frequency that an examinee correctly 
                or incorrectly answered such question.
  (b) Exception for Certain Questions.--Notwithstanding 
subsection (a), the Secretary may, for the purpose of 
preparation by the general public for examinations required for 
merchant mariner credentials, release an examination question 
and answer that the Secretary has retired or is not presently 
on or part of an examination, or that the Secretary determines 
is appropriate for release.
  (c) Exam Review.--
          (1) In general.--Not later than 90 days after the 
        date of the enactment of the Coast Guard Authorization 
        Act of 2016, and once every two years thereafter, the 
        Commandant of the Coast Guard shall commission a 
        working group to review new questions for inclusion in 
        examinations required for merchant mariner credentials, 
        composed of--
                  (A) 1 subject matter expert from the Coast 
                Guard;
                  (B) representatives from training facilities 
                and the maritime industry, of whom--
                          (i) one-half shall be representatives 
                        from approved training facilities; and
                          (ii) one-half shall be 
                        representatives from the appropriate 
                        maritime industry;
                  (C) at least 1 representative from the 
                National Merchant Marine Personnel Advisory 
                Committee;
                  (D) at least 2 representatives from the State 
                maritime academies, of whom one shall be a 
                representative from the deck training track and 
                one shall be a representative of the engineer 
                license track;
                  (E) representatives from other Coast Guard 
                Federal advisory committees, as appropriate, 
                for the industry segment associated with the 
                subject examinations;
                  (F) at least 1 subject matter expert from the 
                Maritime Administration; and
                  (G) at least 1 human performance technology 
                representative.
          (2) Inclusion of persons knowledgeable about 
        examination type.--The working group shall include 
        representatives knowledgeable about the examination 
        type under review.
          (3) Limitation.--The requirement to convene a working 
        group under paragraph (1) does not apply unless there 
        are new examination questions to review.
          (4) Baseline review.--
                  (A) In general.--Within 1 year after the date 
                of the enactment of the Coast Guard 
                Authorization Act of 2016, the Secretary shall 
                convene the working group to complete a 
                baseline review of the Coast Guard's Merchant 
                Mariner Credentialing Examination, including 
                review of--
                          (i) the accuracy of examination 
                        questions;
                          (ii) the accuracy and availability of 
                        examination references;
                          (iii) the length of merchant mariner 
                        examinations; and
                          (iv) the use of standard technologies 
                        in administering, scoring, and 
                        analyzing the examinations.
                  (B) Progress report.--The Coast Guard shall 
                provide a progress report to the appropriate 
                congressional committees on the review under 
                this paragraph.
          (5) Full membership not required.--The Coast Guard 
        may convene the working group without all members 
        present if any non-Coast-Guard representative is 
        present.
          (6) Nondisclosure agreement.--The Secretary shall 
        require all members of the working group to sign a 
        nondisclosure agreement with the Secretary.
          (7) Treatment of members as federal employees.--A 
        member of the working group who is not a Federal 
        Government employee shall not be considered a Federal 
        employee in the service or the employment of the 
        Federal Government, except that such a member shall be 
        considered a special government employee, as defined in 
        section 202(a) of title 18 for purposes of sections 
        203, 205, 207, 208, and 209 of such title and shall be 
        subject to any administrative standards of conduct 
        applicable to an employee of the department in which 
        the Coast Guard is operating.
          (8) Formal exam review.--The Secretary shall ensure 
        that the Coast Guard Performance Technology Center--
                  (A) prioritizes the review of examinations 
                required for merchant mariner credentials; and
                  (B) not later than 3 years after the date of 
                enactment of the Coast Guard Authorization Act 
                of 2016, completes a formal review, including 
                an appropriate analysis, of the topics and 
                testing methodology employed by the National 
                Maritime Center for merchant seamen licensing.
          (9) FACA.--The Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to any working group 
        created under this section to review the Coast Guard's 
        merchant mariner credentialing examinations.
  (d) Merchant Mariner Credential Defined.--In this section, 
the term ``merchant mariner credential'' means a merchant 
seaman license, certificate, or document that the Secretary is 
authorized to issue pursuant to this title.

           *       *       *       *       *       *       *


PART F--MANNING OF VESSELS

           *       *       *       *       *       *       *


                          CHAPTER 81--GENERAL

Sec.
8101. Complement of inspected vessels.
     * * * * * * *
[8108. Merchant Marine Personnel Advisory Committee.]

           *       *       *       *       *       *       *


[Sec. 8108. Merchant Marine Personnel Advisory Committee

  [(a) Establishment.--The Secretary shall establish a Merchant 
Marine Personnel Advisory Committee (in this section referred 
to as ``the Committee''). The Committee--
          [(1) shall act solely in an advisory capacity to the 
        Secretary through the Commandant of the Coast Guard on 
        matters relating to personnel in the United States 
        merchant marine, including training, qualifications, 
        certification, documentation, and fitness standards, 
        and other matters as assigned by the Commandant;
          [(2) shall review and comment on proposed Coast Guard 
        regulations and policies relating to personnel in the 
        United States merchant marine, including training, 
        qualifications, certification, documentation, and 
        fitness standards;
          [(3) may be given special assignments by the 
        Secretary and may conduct studies, inquiries, 
        workshops, and fact finding in consultation with 
        individuals and groups in the private sector and with 
        State or local governments;
          [(4) shall advise, consult with, and make 
        recommendations reflecting its independent judgment to 
        the Secretary;
          [(5) shall meet not less than twice each year; and
          [(6) may make available to Congress recommendations 
        that the Committee makes to the Secretary.
  [(b) Membership.--
          [(1) In general.--The Committee shall consist of not 
        more than 19 members who are appointed by and serve 
        terms of a duration determined by the Secretary. Before 
        filling a position on the Committee, the Secretary 
        shall publish a notice in the Federal Register 
        soliciting nominations for membership on the Committee.
          [(2) Required members.--Subject to paragraph (3), the 
        Secretary shall appoint as members of the Committee--
                  [(A) 9 United States citizens with active 
                licenses or certificates issued under chapter 
                71 or merchant mariner documents issued under 
                chapter 73, including--
                          [(i) 3 deck officers who represent 
                        the viewpoint of merchant marine deck 
                        officers, of whom--
                                  [(I) 2 shall be licensed for 
                                oceans any gross tons;
                                  [(II) 1 shall be licensed for 
                                inland river route with a 
                                limited or unlimited tonnage;
                                  [(III) 2 shall have a 
                                master's license or a master of 
                                towing vessels license;
                                  [(IV) 1 shall have 
                                significant tanker experience; 
                                and
                                  [(V) to the extent 
                                practicable--
                                          [(aa) 1 shall 
                                        represent the viewpoint 
                                        of labor; and
                                          [(bb) another shall 
                                        represent a management 
                                        perspective;
                          [(ii) 3 engineering officers who 
                        represent the viewpoint of merchant 
                        marine engineering officers, of whom--
                                  [(I) 2 shall be licensed as 
                                chief engineer any horsepower;
                                  [(II) 1 shall be licensed as 
                                either a limited chief engineer 
                                or a designated duty engineer; 
                                and
                                  [(III) to the extent 
                                practicable--
                                          [(aa) 1 shall 
                                        represent a labor 
                                        viewpoint; and
                                          [(bb) another shall 
                                        represent a management 
                                        perspective;
                          [(iii) 2 unlicensed seamen, of whom--
                                  [(I) 1 shall represent the 
                                viewpoint of able-bodied 
                                seamen; and
                                  [(II) another shall represent 
                                the viewpoint of qualified 
                                members of the engine 
                                department; and
                          [(iv) 1 pilot who represents the 
                        viewpoint of merchant marine pilots;
                  [(B) 6 marine educators, including--
                          [(i) 3 marine educators who represent 
                        the viewpoint of maritime academies, 
                        including--
                                  [(I) 2 who represent the 
                                viewpoint of State maritime 
                                academies and are jointly 
                                recommended by such State 
                                maritime academies; and
                                  [(II) 1 who represents either 
                                the viewpoint of the State 
                                maritime academies or the 
                                United States Merchant Marine 
                                Academy; and
                          [(ii) 3 marine educators who 
                        represent the viewpoint of other 
                        maritime training institutions, 1 of 
                        whom shall represent the viewpoint of 
                        the small vessel industry;
                  [(C) 2 individuals who represent the 
                viewpoint of shipping companies employed in 
                ship operation management; and
                  [(D) 2 members who are appointed from the 
                general public.
          [(3) Consultation.--The Secretary shall consult with 
        the Secretary of Transportation in making an 
        appointment under paragraph (2)(B)(i)(II).
  [(c) Chairman and Vice Chairman.--The Secretary shall 
designate one member of the Committee as the Chairman and one 
member of the Committee as the Vice Chairman. The Vice Chairman 
shall act as Chairman in the absence or incapacity of the 
Chairman, or in the event of a vacancy in the office of the 
Chairman.
  [(d) Subcommittees.--The Committee may establish and 
disestablish subcommittees and working groups for any purpose 
consistent with this section, subject to conditions imposed by 
the Committee. Members of the Committee and additional persons 
drawn from the general public may be assigned to such 
subcommittees and working groups. Only Committee members may 
chair subcommittee or working groups.
  [(e) Termination.--The Committee shall terminate on September 
30, 2020.]

           *       *       *       *       *       *       *


PART I--STATE BOATING SAFETY PROGRAMS

           *       *       *       *       *       *       *


                CHAPTER 131--RECREATIONAL BOATING SAFETY

Sec.
13101. Definitions.
     * * * * * * *
[13110. National Boating Safety Advisory Council.]

           *       *       *       *       *       *       *


[Sec. 13110. National Boating Safety Advisory Council

  [(a) The Secretary shall establish a National Boating Safety 
Advisory Council. The Council shall consist of 21 members 
appointed by the Secretary, whom the Secretary considers to 
have a particular expertise, knowledge, and experience in 
recreational boating safety.
  [(b)(1) The membership of the Council shall consist of--
                  [(A) 7 representatives of State officials 
                responsible for State boating safety programs;
                  [(B) 7 representatives of recreational vessel 
                manufacturers and associated equipment 
                manufacturers; and
                  [(C) 7 representatives of national 
                recreational boating organizations and from the 
                general public, at least 5 of whom shall be 
                representatives of national recreational 
                boating organizations.
          [(2) Additional individuals from the sources referred 
        to in paragraph (1) of this subsection may be appointed 
        to panels of the Council to assist the Council in 
        performing its duties.
          [(3) At least once a year, the Secretary shall 
        publish a notice in the Federal Register soliciting 
        nominations for membership on the Council.
  [(c) In addition to the consultation required by section 4302 
of this title, the Secretary shall consult with the Council on 
other major boating safety matters related to this chapter. The 
Council may make available to Congress information, advice, and 
recommendations that the Council is authorized to give to the 
Secretary.
  [(d) When serving away from home or regular place of 
business, the member may be allowed travel expenses, including 
per diem in lieu of subsistence as authorized by section 5703 
of title 5 for individuals employed intermittently in the 
Government service. A payment under this section does not make 
a member of the Council an officer or employee of the United 
States Government for any purpose.
  [(e) The Council shall terminate on September 30, 2020.]

           *       *       *       *       *       *       *

                              ----------                              


         SECTION 5 OF THE INLAND NAVIGATIONAL RULES ACT OF 1980

  [Sec. 5. (a) Establishment of Council.--
          [(1) In general.--The Secretary of the department in 
        which the Coast Guard is operating shall establish a 
        Navigation Safety Advisory Council (hereinafter 
        referred to as the ``Council''), consisting of not more 
        than 21 members. All members shall have expertise in 
        Inland and International vessel navigation Rules of the 
        Road, aids to maritime navigation, maritime law, vessel 
        safety, port safety, or commercial diving safety. Upon 
        appointment, all non-Federal members shall be 
        designated as representative members to represent the 
        viewpoints and interests of one of the following groups 
        or organizations:
                  [(A) Commercial vessel owners or operators.
                  [(B) Professional mariners.
                  [(C) Recreational boaters.
                  [(D) The recreational boating industry.
                  [(E) State agencies responsible for vessel or 
                port safety.
                  [(F) The Maritime Law Association.
          [(2) Panels.--Additional persons may be appointed to 
        panels of the Council to assist the Council in 
        performance of its functions.
          [(3) Nominations.--The Secretary, through the Coast 
        Guard Commandant, shall not less often than once a year 
        publish a notice in the Federal Register soliciting 
        nominations for membership on the Council.
  [(b) Functions.--The Council shall advise, consult with, and 
make recommendations to the Secretary, through the Coast Guard 
Commandant, on matters relating to maritime collisions, 
rammings, groundings, Inland Rules of the Road, International 
Rules of the Road, navigation regulations and equipment, 
routing measures, marine information, diving safety, and aids 
to navigation systems. Any advice and recommendations made by 
the Council to the Secretary shall reflect the independent 
judgment of the Council on the matter concerned. The Council 
shall meet at the call of the Coast Guard Commandant, but in 
any event not less than twice during each calendar year. All 
proceedings of the Council shall be public, and a record of the 
proceedings shall be made available for public inspection.
  [(c) The Secretary shall furnish to the Council an executive 
secretary and such secretarial, clerical, and other services as 
are deemed necessary for the conduct of its business. Members 
of the Council, while away from their home or regular places of 
business, may be allowed travel expenses, including per diem in 
lieu of subsistence, as authorized by section 5703 of title 5. 
Payments under this section shall not render members of the 
Council officers or employees of the United States for any 
purpose.
  [(d) Unless extended by subsequent Act of Congress, the 
Council shall terminate on September 30, 2020.]
                              ----------                              


                         ACT OF OCTOBER 6, 1980

                          (Public Law 96-380)

     AN ACT To establish a Towing Safety Advisory Committee in the 
                     Department of Transportation.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled[, That (a) 
There is established a Towing Safety Advisory Committee 
(hereinafter referred to as the ``Committee''). The Committee 
shall consist of eighteen members with particular expertise, 
knowledge, and experience regarding shallow-draft inland and 
coastal waterway navigation and towing safety as follows:
          [(1) Seven members representing the barge and towing 
        industry, reflecting a regional geographic balance.
          [(2) One member representing the offshore mineral and 
        oil supply vessel industry.
          [(3) One member representing holders of active 
        licensed Masters or Pilots of towing vessels with 
        experience on the Western Rivers and the Gulf 
        Intracoastal Waterway.
          [(4) One member representing the holders of active 
        licensed Masters of towing vessels in offshore service.
          [(5) One member representing Masters who are active 
        ship-docking or harbor towing vessel.
          [(6) One member representing licensed or unlicensed 
        towing vessel engineers with formal training and 
        experience.
          [(7) Two members representing each of the following 
        groups:
                  [(A) Port districts, authorities, or terminal 
                operators.
                  [(B) Shippers (of whom at least one shall be 
                engaged in the shipment of oil or hazardous 
                materials by barge).
          [(8) Two members representing the general public.
  [(b) The Secretary of the department in which the Coast Guard 
is operating (hereinafter referred to as the ``Secretary'') 
shall appoint the members of the Committee. The Secretary shall 
designate one of the members of the Committee as the Chairman 
and one of the members as the Vice Chairman. The Vice Chairman 
shall act as Chairman in the absence or incapacity of, or in 
the event of a vacancy in the office of, the Chairman. The 
Secretary may request the Secretary of the Army and the 
Secretary of Commerce to each designate a representative to 
participate as an observer on the Committee. The Secretary 
shall, not less often than once a year, publish notice in the 
Federal Register for solicitation of nominations for membership 
on the Committee.
  [(c) The Committee shall advise, consult with, and make 
recommendations to the Secretary on matters relating to 
shallow-draft inland and coastal waterway navigation and towing 
safety. Any advice or recommendation made by the Committee to 
the Secretary shall reflect the independent judgment of the 
Committee on the matter concerned. The Secretary shall consult 
with the Committee before taking any significant action 
affecting shallow-draft inland and coastal waterway navigation 
and towing safety. The Committee shall meet at the call of the 
Secretary, but in any event not less than once during each 
calendar year. All proceedings of the Committee shall be open 
to the public, and a record of the proceedings shall be made 
available for public inspection. The Committee is authorized to 
make available to Congress any information, advice, and 
recommendations which the Committee is authorized to give to 
the Secretary.
  [(d) Members of the Committee who are not officers or 
employees of the United States shall serve without pay and 
members of the Committee who are officers or employees of the 
United States shall receive no additional pay on account of 
their service on the Committee. While away from their homes or 
regular places of business, members of the Committee may be 
allowed travel expenses, including per diem in lieu of 
subsistence, as authorized by section 5703 of title 5. The 
Secretary shall furnish to the Committee an executive secretary 
and such secretarial, clerical, and other services as are 
considered necessary for the conduct of its business. There are 
authorized to be appropriated such sums as may be necessary to 
implement the provisions of this subsection.
  [(e) Unless extended by subsequent Act of Congress, the 
Committee shall terminate on September 30, 2020.]

                                  [all]